ORDER

% 23.07.2024 I.A. No.15630/2023(Application under Order XXXIX Rule 1(a) read with Section 151 of CPC seeking interim orders of protection in respect of immovable properties of late Smt. Kamlesh Saluja filed on behalf of Defendant Nos. 1 and 2) I.A. No. 15547/2023(Application under Section 6 of Banker’s Books Evidence Act filed on behalf of Defendant Nos. 1 and 2) I.A. No. 15736/2023(Application under Order 26 Rule 9 read with Section 151 of CPC seeking appointment of local commissioner filed on behalf of Defendant Nos. 1 and 2) 1. That during the course of submissions made by the counsel for the parties to the suit before this Court on 10.07.2024, it has been agreed and accepted in principle by the parties that late Smt. Kamlesh Saluja died intestate and the movable and immovable estates left behind by her as on the date of her death will devolve upon her surviving legal heirs by way of natural succession. The parties have agreed and accepted that plaintiff nos. 1 and 2, and defendant no. 3 as well as defendant nos. 1 and 2 [jointly] are entitled to 1/4th share each in the movable and immovable properties left behind by late Smt. Kamlesh Saluja.

1.1. Defendant nos. 1 and 2 are the Class-I legal heirs of late Sh. Pawanjeet Singh Saluja, who was the pre-deceased son of late Smt. Kamlesh Saluja.

2. That based on whatever has transpired during the course of hearings on 10.07.2024 and 16.07.2024, the parties have submitted consent terms for the disposal of the captioned application(s) and sought directions from this Court for implementation of the said consent terms. The parties were personally present on the said date.

3. The parties have agreed that a preliminary decree declaring their 1/4 th share in the entire movable estate of late Smt. Kamlesh Saluja be passed forthwith. Accordingly, a preliminary decree is hereby passed declaring that plaintiff no. 1, plaintiff no. 2 and plaintiff no. 3 have 1/4th share each in the entire movable properties of late Smt. Kamlesh Saluja. So also, defendant no. 1 and defendant no. 2 have 1/8th share each in the entire movable properties of late Smt. Kamlesh Saluja. A preliminary decree be drawn up in terms thereof.

4. The consent terms and the directions sought by the parties herein read as under: -

A.

Locker No. 1554 maintained in Punjab & Sind Bank, New Friends Colony, New Delhi (a) None of the parties are having keys to the said Locker.

(b) The parties pray that a Local Commissioner be appointed whose cost would be borne equally by the parties in the ratio of 1:1:1:1.

(c) The parties pray that a direction be issued to the Branch Manager of the concerned bank to break open the said Locker in presence of the Local Commissioner, the plaintiffs, defendant No.1 and defendant No. 3 and their respective counsels namely, Shri L.K.

Singh, Advocate or his Associate - Shri Raj Kumar (Advocate), Ms.

Mohna Madanlal (Advocate) or her Associate - Ms. Geetali Hazarika and Ms. Saira Parveen (Advocate) on the date fixed by the Local Commissioner taking into account the convenience of all concerned including the Branch Manager.

(d) The parties pray for a direction to the Local Commissioner to prepare an inventory of the contents of this Locker and take the photographs of the contents of the Locker at the time of preparation of the inventory.

(e) The parties pray for a direction to the concerned Branch Manager to provide to the Local Commissioner, name(s) of the person(s) in whose name the said Locker exists, the name of the person who used to operate the said Locker, the last date when the said Locker was operated and the status of the Locker as to whether it is operable on ‘either or survivor basis or ‘otherwise’.

(f) The parties agree that defendant No.1 i.e. Mrs. Ravinder Kaur Saluja will identify her stridhan from the contents of the Locker. The L