ORDER

% 15.07.2024 I.A. 33232/2024 (Exemption)

1.Allowed, subject to all just exceptions. I.A. 33233/2024

2.For the reasons stated in the application, the delay of 43 days in re-filing the Suit is condoned. However, the same shall be without prejudice to the plea, if any, of the defendants on the limitation for filing of the present suit.

3.The application stands disposed of. I.A. 33234/2024

4.Keeping in view the nature of the suit and the relief prayed for against the defendant no.3, the plaintiff is exempted from issuing a notice to the defendant no.3 before instituting the present suit.

5.The application stands disposed of. CS(OS) 542/2024

6.Let the Plaint be registered as a Suit.

7.Issue summons to the defendants, to be served through all permissible modes, including through electronic mode and dasti as well, returnable on 7th October, 2024 before the learned Joint Registrar (Judicial).

8.The summons to the defendants shall indicate that the Written Statement(s) to the Plaint shall be positively filed within a period of 30 days from the date of receipt of the summons. Along with the Written Statement(s), the defendants shall also file the affidavit(s) of admission/denial of the documents of the plaintiff, without which the Written Statement(s) shall not be taken on record.

9.Liberty is given to the plaintiff to file the Replication within a period of 15 days of the receipt of the Written Statement(s). Along with the Replication, if any, filed by the plaintiff, the affidavit(s) of admission/denial of documents of the defendant(s) be filed by the plaintiff, without which the Replication(s) shall not be taken on record.

10.If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

I.A. 33231/2024

11.Issue notice to the defendants, to be served through all permissible modes, including through electronic mode and dasti as well, returnable on 7th October, 2024 before the learned Joint Registrar (Judicial).

12. By the present suit the plaintiff inter alia seeks a decree of partition of the immovable property left behind by late Sh. Vimal Chadha, father of the plaintiff and the defendant no.1. The plaintiff also challenges the alleged Wills dated 26.06.2019 and 03.07.2020, purported to have been left behind by his father.

13.Having considered the contents of the Plaint and the documents filed therewith, and also having heard the learned counsel for the plaintiff, I am of the opinion that the plaintiff has been able to make out a good prima facie case in his favour. The balance of convenience is also in favour of the plaintiff and against the defendants. The plaintiff is likely to suffer grave irreparable injury in case an ad interim ex-parte injunction, as prayed for, is not granted.

14.Accordingly, the parties, that is, the plaintiff and the defendant nos.1 and 2 to the Suit, are directed to maintain the status quo with respect to the title and possession of the abovementioned suit property, till further order.

15.Let reply(ies) to the application be filed by the defendants within a period of four weeks of receipt of the notice. Rejoinder thereto, if any, be filed within a period of three weeks thereafter.

16.Compliance with Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 be made within a week from today.

NAVIN CHAWLA, J JULY 15, 2024/Arya/SJ Click here to check corrigendum, if any