Sunil Gupta VS Nargis Khanna

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

MANMOHAN SINGH
Sunil Gupta – Appellant
Versus
Nargis Khanna – Respondent

Counsel for the Parties:
For the Plaintiff:Mr.Anil Sapra, Sr.Advocate with Mr.P.R.Agarwal & Mrs.Anju Bhushan, Advocates
For the Respondent:Mr.Harkirat Sawhney with Mr.Bakhshi Bikram Singh, Advocate

ORDER

Manmohan Singh, J. —This is a suit for partition filed by the plaintiff against the defendant in respect of the property bearing No. N-47, Panchsheel Park, New Delhi- 110017 (hereinafter referred to as the “suit property”). By this order, I propose to decide the pending applications, i.e.:-

(i) I.A. No.12251/2014 (under Order I Rule 10 CPC read with Section 151 CPC, filed by the plaintiff)

(ii) I.A. No.21133/2014 (under Order VI Rule 17 read with Section 151 CPC, filed by the plaintiff)

2. Brief facts for the purpose of adjudication of these applications are that the suit property belonged to one Shri Late Jagan Gopal Dewan who died on 27th April, 2001. Till the time of his death, Shri Late Jagan Gopal Dewan used to reside in the suit property. He was survived by his wife Amrit Kala Dewan, his son Prem Kumar Dewan and his married daughter Nargis Khanna, defendant herein.

3. By virtue of his last Will and Testament dated 9th December, 1972, Shri Late Jagan Gopal Dewan bequeathed the suit property to his wife Amrit Kala Dewan. While Amrit Kala Dewan let out the first and the second floor of the suit property, she continued to reside on the ground floor of the suit property. Amrit