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27.01.2023

I.A. No. 1584/2023 (for exemption)

Exemption allowed, subject to all just exceptions.

The application is disposed of.

I.A. No. 1585/2023 (for condonation of delay)

1.

The present application has been filed by the plaintiff seeking

condonation of delay of 19 days in re-filing the CS(OS) 57/2023 submitting

to the effect that since the plaintiff had returned to the USA, a considerable

time was consumed in seeking and receiving instructions from the plaintiff.

2.

Heard. Issue notice.

3.

Learned counsel appearing on behalf of the defendants accepts notice

and submits that he does not oppose the prayer made by the

applicant/plaintiff.

4.

In view thereof, for the reasons stated in the application, the

application is allowed and the delay of 19 days in re-filing the suit is

condoned.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 28/01/2024 at 15:46:26

5.

The application is disposed of.

CS(OS) 57/2023

1.

The present plaint has been filed by the plaintiff seeking the following

reliefs:

“1. Pass a preliminary decree of partition in respect of the

Suit Property, declare that the Plaintiff is entitled to 113rd

share in the Suit Property, and appoint a Local

Commissioner to conduct such inquiry as may be necessary

to devise a scheme to partition the Suit Property;'

ii. Pass a final decree of partition in respect of the Suit

Property by metes and bounds and grant possession of

1/3rd share to the Plaintiff in the Suit Property;

Alternatively, if this Hon'ble Court were to adjudicate that

the Suit Property cannot be partitioned by metes and

bounds, pass a final decree of partition by directing sale of

the Suit Property and distribution of 1/3rd share of the sale

proceeds to the Plaintiff;

iii. Pass a decree of permanent prohibitory injunction in

favour of the Plaintiff and against the Defendants,

permanently prohibiting the Defendants from transferring,

alienating, selling, mortgaging, encumbering or creating

third party rights in the declared share of the Plaintiff in

the Suit Property;

iv. Pass a decree against the Defendants No. 1-5 to pay

Rs.50,00,000/- to the Plaintiff as his share of the settlement

amount of Rs. 1,00,00,000/received by Mr. Baldev Narang

in his capacity as the representative of the Late Shri K.S.

Narang family in the joint family business of Nirankari

Jewellers shop at 39 Edward Line;

v. Pass a decree against the Defendants for rendition of

accounts for the income generated from the Suit Property,

particularly, rendition of accounts by the Defendants No.

1-5 qua the rental income generated from the joint family

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 28/01/2024 at 15:46:26

house at 588, Dr. Mukherjee Nagar, Delhi and rendition of

accounts by the Defendants qua the joint family business,

namely, Nirankari Jewels, 77-84 Edward Line, Kingsway

Camp.

vi. Pass a decree against the Defendants No. 1-5 to pay

Rs.1,00,000/- per month (with future interest till the date of

possession) to the Plaintiff for they have been exclusively

collecting and enjoying the rental income from the joint

family house at 588, Dr. Mukherjee Nagar, Delhi since

June 2018;

vii. Pass a decree granting costs incurred by the Plaintiff

for institution of the present Suit; and

viii. Pass any other and further order(s) or directions as

may be deemed just and proper in the facts and

circumstances of the case.”

2.

Learned counsel for the petitioner submitted that Plaintiff/Mohan Lal

Narang, aged about 70 years, residing in the USA as an overseas citizen of

India, was the youngest son of Sh. Kasturi Singh Narang and Smt. Kartar

Devi who were both Hindu by religion. It is stated that the Plaintiff’s father

was murdered by dacoits on