CS(OS) 156/2020

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 16th October, 2020

Decided on: 14th July, 2021

CS(OS) 156/2020

I.A. 5074/2020 (under Order XXXIX Rule 1 and 2 CPC)

I.A.7818/2020 (under Section 151 CPC-by defendant No.8)

MR. NIRANJAN SWARUP GUPTA & ORS.

..... Plaintiffs

Represented by:

Mr.Piyush Singhal, Advocate for the

plaintiffs with Mr.Ankur Gupta, A.R.

of the plaintiffs in person.

versus

BIMLA DEVI & ORS.

..... Defendants

Represented by:

Mr.Chandan Rai Chawla, Advocate

for D1 to D3.

Mr.Kaadambari, Advocate with

Ms.Priyanka, Advocate for D4

Mr.Samrat Nigam, Advocate with

Mr.Sudarshan Ranjan, Mr.H.Bajaj,

Advocates for D5 and D6.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

1.

The present suit has been filed by the brothers of Late Shanti Swaroop

Gupta who was the owner of the suit property bearing No.53, Vaishali,

Pitampura, New Delhi. Wife and the daughter of Late Shanti Swarup Gupta

pre-deceased him. According to the defendants, the deceased left a Will in

the name of his son-in-law who has also since passed away. Based on the

Will whereby the properties of Late Shanti Swarup Gupta were bequeathed

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on his son-in-law who was the brother of the defendant Nos. 1 to 3,

defendant Nos. 1 to 3 claimed ownership in the suit property and on the said

basis, have conveyed the rights in the suit property to the defendant No. 4,

who has, in turn, conveyed it to defendant No. 5 and has further conveyed to

the third parties.

2.

The plaintiffs are the four brothers of Late Shanti Swarup Gupta and

claim rights in the suit property by virtue of being Class-II legal heirs. The

present suit has been filed by the four brothers through Ankur Gupta, son of

plaintiff No. 4 as the power of attorney holder who claimed to have filed

power of attorney on behalf of the plaintiff Nos. 1 to 4. However, the power

of attorneys were not filed with the plaint but filed subsequently.

3.

A probate petition was filed by the son-in-law of Late Shanti Swarup

Gupta i.e. Anand Parkash Verma which was granted in his favour vide order

dated 7^th August, 2014. The plaintiffs by the present suit seek a declaration

of the impugned registered Will dated 7^th September, 2010 as null and void,

void-ab-initio and illegal, decree of possession of the suit property, decree of

permanent injunction against the defendants from creating any third party

rights and direction to the office of Sub-Registrar not to register any sale till

the disposal of the suit.

4.

When the suit came up before this Court on 2^nd July, 2020, this Court

issued summons in the suit and notice in the application to the defendants,

returnable for 26^th August, 2020 when learned counsel for the defendants

entered appearance and raised number of objections to the maintainability of

the suit. In the meantime, the power of attorney holder of the plaintiffs

Ankur Gupta wrote to the Sub-Registrar hindering him from registering any

sale deed despite the fact that this Court had not passed any order of interim

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injunction or stay in his favour and thus, an application was filed by the

defendant No. 8 seeking direction to the Sub-Registrar being IA 7818/2020

under Section 151 CPC. Considering the contents of IA 7818/2020, this

Court had issued show cause notice to Ankur Gupta as to why the

proceedings under Contempt of Courts Act be not initiated against him. In

response thereto, Ankur Gupta has filed an affidavit tendering his

unconditional apology.

5. The prayers made in the present suit are as under:

cancel all sale deeds done by defendants.”

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6. It is thus evident that the basic prayer in the present suit is to declare

the Will dated 7^th September, 2010 as null, void ab-inito, illegal and of no

effect. Tho