$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 255/2022 & I.A. 7100/2022, I.A. 7102/2022 I.A. 17829/2022 SARABJEET SINGH ..... Plaintiff Through:
Mr. Karanjot Singh Mainee, Adv. versus SARDAR RAJA SINGH & ORS.
..... Defendant Through:
Mr. Sanjay Sehgal, Adv. for D1 Mr. Rajesh Kajla Adv. for D2-7 CORAM: HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 20.02.2024 I.A. 16083/2023-TO PLACE ADDL. DOCS. ON RECORD
1. This is an application filed under Order VIII Rule 1A read with Section 151 of CPC seeking to place the letter of the plaintiff on record.
2. Mr. Mainee, learned counsel for the plaintiff has no objection to the letter dated 20.08.2011 being taken on record. The present application is allowed.
I.A. 13805/2022-TO PASS A PRELIMINARY DECREE OF PARTITION
3. This is an application filed under Order XII Rule 6 CPC seeking a preliminary decree of partition.
4. It is stated by Mr. Sehgal, learned counsel for the defendant No.1 that in the present case, since it is a suit for partition, all the children of Late Sardar Surjeet Singh and Sardarni Satnam Kaur must be made party.
The same is acceptable to Mr. Mainee, learned counsel for the plaintiff.
5. Let the plaintiff take steps to implead all legal heirs of Late Sardar Surjeet Singh as defendants to the present suit.
6. The amended memo of parties be filed within 2 days.
7. On filing the amended memo of parties, notice be issued to the newly added defendants.
I.A. 7101/2022-U/O 39 R 1 & 2 / TO RESTRAIN/INTERIM INJUCTION
8. This is an application filed under Order XXXIX Rule 1 and 2 of CPC seeking interim injunction.
9. Mr. Mainee, learned counsel for the plaintiff states that the property bearing No. A-3/26, Janakpuri, New Delhi-110058 may be converted form leasehold to freehold.
10. Mr. Sehgal, learned counsel for the defendant has no objection provided the plaintiff makes a statement that they will not sell their undivided share in the property.
11. Mr. Mainee, learned counsel on instructions states that the plaintiff shall not sell his undivided 1/8 share in the suit property without leave of the Court.
12. Let the plaintiff take steps to convert the property from leasehold to freehold.
13. The defendant No.1 shall give his NoC, sign the indemnity bond in accordance with law and pay his proportionate share for conversion charges.
the title and possession of the property bearing No. A-3/26, Janakpuri, New Delhi-110058.
15. The application is disposed of in the aforesaid terms. CS(OS) 255/2022 16. Re-notify on 02.04.2024. JASMEET SINGH, J FEBRUARY 20, 2024 / (MS) Click here to check corrigendum, if any 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. CS(OS) 255/2022 16. Re-notify on 02.04.2024. JASMEET SINGH, J FEBRUARY 20, 2024 / (MS) Click here to check corrigendum, if any
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