Anuradha Bansal vs Pramod Kumar And Ors
2015 Latest Caselaw 5644 Del

$~13.

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 3511/2012
      ANURADHA BANSAL                        ..... Plaintiff
                   Through: Mr. Anupam Gupta, Advocate

                        versus


      PRAMOD KUMAR AND ORS                     ..... Defendants
                   Through: Mr. Girish Aggarwal, Advocate with
                   Mr. Vaibhav Jain, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 05.08.2015

1. The plaintiff has instituted the present suit against her brothers,

defendants No.2 and 3 and her uncle (father's brother), defendant

No.1, praying inter alia that they be restrained from disposing of and /

or creating any third party interest in property bearing No.2843 &

2847-2855, Masjid Khajoor, Chailpuri, Kinari Bazar, Delhi, and from

creating any third party interest or disposing of a tenanted property

bearing No.2181 & 2181A, Kinari Bazar, Delhi.

2. Pleadings are complete. Issues were framed on 13.04.2009. The

evidence of the plaintiff has yet to commence.

3. Mr. Aggarwal, learned counsel for the defendants states that

apart from the present suit, there are two other litigations, that are

pending, including a suit for partition, instituted by the plaintiff and

registered as CS(OS) 1966/2009 entitled Anuradha Bansal vs.

Pramod Kumar and Ors. and a probate petition, filed by the defendant

No.1 registered as TEST CAS. 107/2008, for seeking probate of a

document dated 28.01.2008, stated to be the last will and testament

of Shri Vinod Kumar. The probate petition is at the stage of recording

of evidence and orders on the partition suit have been deferred to

await a decision in the probate petition. Learned counsel submits the

suit may be decreed as prayed for by the plaintiff, but the same may

be made subject to the decision that may be taken in the pending

probate petition.

4. In view of the aforesaid submission, the suit is decreed in favour

of the plaintiff and the defendants are restrained from selling,

transferring, alienating or creating any third party interest in property

bearing No.2843 & 2847-2855, Masjid Khajoor, Chailpuri, Kinari Bazar,

Delhi. Further, the defendants are restrained from creating any third

party interest and disposing of the tenanted property bearing No.2181

& 2181A, Kinari Bazar, Delhi. It is clarified

that this decree is subject to the final outcome of TEST CAS.107/2008.

5. Decree sheet be drawn accordingly. The suit is disposed of while

leaving the parties to bear their own costs.

I.A. 12894-96/2013 (by the plaintiff u/O XXXIX R 2A CPC)

1. In view of the fact that the suit has been decreed in favour of

the plaintiff, this Court is not inclined to pass any further orders on the

present applications.

2. The applications are disposed of.

CRL.M.A. 12235/2013 (by the plaintiff u/S 340 Cr.PC)

1. Counsel for the plaintiff states that in view of the orders passed

above, he does not wish to press this application.

2. The application is disposed of.

HIMA KOHLI, J AUGUST 05, 2015 rkb/ap