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ROHIT ARYA
Bholanath – Appellant
Versus
Kamlesh Gupta – Respondent
Rohit Arya, J.
1. By this writ petition under Article 227 of the Constitution of India, petitioner has challenged the legality, validity and proprietary of the order dated 13/9/2012 passed by trial Court dismissing the application of the petitioner/plaintiff under Order VI Rule 17 CPC.
2. With the consent of parties, matter is heard finally.
3. It is consider apposite to describe the family genealogy before addressing on relevant facts necessary for disposal of this petition.
4. One Late Jagannath Gupta was the nucleus of the family married to one Mayadevi who died in year 1995. Late Jagannath Gupta was survived by his wife Late Mayadevi and four sons namely D.K. Gupta, Bholanath (petitioner/plaintiff), Ashok Gupta and Bharat (died unmarried). D.K. Gupta died in year 1990. He survived by wife Smt. Kamlesh and sons Prameer and Naveen, who are defendants No. 1 to 3.
5. Plaintiff has filed a suit for declaration, rendition of accounts and permanent injunction seeking the relief that he be declared owner of 1/3 share of undivided property of joint Hindu Family described in para 1 of the plaint including House No. 42, Old Halka No. 24, New Halka No. 26/754, Ward No. 31 situated at
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