O R D E R

% 10.09.2024 I.A. No. 8825/2023 (under Order XXXII Rule 1 CPC by plaintiff)

1. This is an application filed by the plaintiff under Order XXXII Rule 1 of the Code of Civil Procedure, 1908 (‘CPC’). It is stated that plaintiff is a minor and the suit has been filed through her natural guardian i.e., her mother Ms. Bhavna Saini.

2. It is stated in the application that Ms. Bhavna Saini has no interest adverse to the plaintiff and therefore, she may be appointed as the guardian of the plaintiff in the present proceedings.

3. Learned counsel for defendants does not oppose the prayer sought in this application.

4. Accordingly, the captioned application is allowed and Ms. Bhavna Saini is appointed as the guardian of the plaintiff for the present proceedings.

CS(OS) 282/2023 Page 1 of 6 I.A. No. 8824/2023 (under Order XXVI Rule 9 CPC by plaintiff)

5. This is an application filed by the plaintiff under Order XXVI Rule 9 of CPC seeking appointment of the Local Commissioner to visit branches of State Bank of India to open the lockers of the defendants so as to prepare an inventory of the jewellery articles of late Smt. Malti Saini lying in the lockers.

6. Learned counsel for the applicant/plaintiff states on instructions from Ms. Bhavna Saini that in view of the reply filed by the defendants to this application and the written statement stating that late Smt. Malti Saini had already disposed of her jewellery articles during her lifetime, the plaintiff relying upon the said statement does not wish to pursue the relief sought in the captioned application.

7. Accordingly, the application of the plaintiff is disposed of as not pressed.

I.A. 8823/2023 (under Order XXXIX Rules 1 and 2 CPC by plaintiff)

8. This is an application filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC seeking an ad-interim injunction against the defendants from transferring or creating third-party interest in the estate of late Smt. Malti Saini as detailed in Annexure P-1 and P-2 till the disposal of the suit.

9. This Court vide order dated 09.05.2023 was pleased to pass an ad- interim order directing the parties to maintain status quo with regard to the movable and immovable assets of late Smt. Malti Saini.

10. At Annexure P-1, the plaintiff has enlisted a list of the jewellery articles which the plaintiff believed were owned by late Smt. Malti Saini. However, the defendants in their written statement had disputed the entire CS(OS) 282/2023 Page 2 of 6 list of jewellery articles enlisted as Annexure P-1 and have stated that late Smt. Malti Saini during her lifetime disposed of/divided all her jewellery items and therefore, no jewellery items forms part of her estate. In view of the aforesaid statement of the defendants, learned counsel for the plaintiff states on instructions from Ms. Bhavna Saini that he does not press for any reliefs qua the jewellery items and accordingly, this relief can be dismissed as withdrawn.

11. In the suit, the plaintiff has also sought declaration of her 25% rights in the immovable estate of late Smt. Malti Saini. It is stated that late Smt. Malti Saini was recorded owner of land i.e., Khata Khatoni No. 3/3 min, Village Ladpur, Delhi admeasuring l/20th share in total land (131-3) i.e.

equal to 6.5 biswas or 6500 sq. yds (‘suit land’).

12. Learned counsel for the plaintiff states that the defendants have placed on record sale deed dated 17.01.2007, which substantiates the plaintiff’s averment with respect to the immovable property.

13. In reply, learned counsel for defendants’ states that the defendants herein admit the plaintiff’s undivided 25% share in the suit land and have in fact, never disputed the same. He states that defendants have always remained ready and willing to give the plaintiff her share of 25% in the suit land.

14. This Court has considered the submissions of the parties and in view of the admissions of the plaintiff and the defendants, the parties are hereby restrained from selling or transferring or disposing off or