O R D E R

% 10.12.2024 I.A. 47705/2024 (for exemption)

1. Plaintiff shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

2. The application for exemption is allowed, subject to the plaintiff granting inspection of the documents filed, as and when required to do so, or filing the original documents at the stage of admission/denial.

3. The application stands disposed of.

CS(OS) 986/2024

4. The present suit has been filed seeking a decree for partition and separate possession of the estate of late Ms. Leelawati Mahipal which includes the immovable property bearing house no. E-81, Masjid Moth, New Delhi - 110048 (180 square meters) [‘suit property’].

5. Learned counsel for the plaintiff states on instructions that assertion CS(OS) 986/2024 Page 1 of 4 made at paragraph no. ‘6’ of the plaint that the suit property was the self- acquired property of late Mr. Mahabir Prasad Mahipal is hereby unconditionally withdrawn. The relevant portion of paragraph ‘6’ reads as under:-

“6. …….The Suit Property was purchased by Late Mr. Mahabir Prasad Mahipal in the name of Late Ms. Leelawati Mahipal. Therefore, the Suit Property can be regarded as the self-acquired property of Late Mr. Mahabir Prasad Mahipal.”

5.1. He states that the plaintiff unequivocally admits that the suit property was the absolute property of late Ms. Leelawati Mahipal.

5.2. In view of the aforesaid submissions, the extracted pleading of paragraph 6 is hereby struck of.

5.3. He states that plaintiff and defendants are the class-I legal heirs of late Ms. Leelawati Mahipal and the suit has been filed for partition of her estate since she died intestate on 16.09.2024 without leaving behind any Will or a Codicil.

5.4. He states that the plaintiff after the death of late Ms. Leelawati Mahipal approached defendant no. 1 seeking partition of the estate of late Ms. Leelawati Mahipal, however, the said request has not been acceded to, therefore, in these circumstances, the present suit has been filed.

6. In view of the aforesaid facts let the plaint be registered as a suit.

7. Summons be issued to the defendants by all permissible modes on filing of process fee. Affidavit of service be filed within one (1) week.

8. The summons shall indicate that the written statements must be filed within thirty days from the date of receipt of the summons. The defendants shall also file affidavits of admission/denial of the documents filed by the plaintiff, failing which the written statements shall not be taken on record.

CS(OS) 986/2024 Page 2 of 4

9. The plaintiff is at liberty to file replications thereto within thirty days after filing of the written statements. The replications shall be accompanied by affidavits of admission/denial in respect of the documents filed by the defendants, failing which the replications shall not be taken on record.

10. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.

11. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.

12. List before the learned Joint Registrar for for completion of service and pleadings, marking of exhibits and admission/denial of documents on

17.01.2025.

13. List before the Court on 21.04.2025.

I.A. 47704/2024 (Under Order XXXIX Rule 1 and 2 CPC by plaintiff)

14. This is an application filed by the plaintiff under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (‘CPC’) seeking a restraint against defendants from creating third party interest in the suit property and maintaining status quo with respect to the possession, title, mutation, ownership, nature and construction of the suit property.

15. The plaintiff has placed on record the title deed of the suit property which records the absolute ownership of late Ms. Leelawati Mahipal.

16. The plaintiff and defendants are the Class-I legal heirs of the deceased and the plaintiff as per the law of Hind