Veena Bhatnagar & Anr vs Pradeep Kumar Bhatnagar & Ors
2015 Latest Caselaw 8278 Del

$~5.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 1134/2013 and I.A. 9555/2013
      VEENA BHATNAGAR & ANR                     ..... Plaintiffs
                   Through: Mr. M.A. Niyazi, Advocate

                         versus

      PRADEEP KUMAR BHATNAGAR & ORS                      ..... Defendants
                    Through: None

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 02.11.2015

1. The suit is at the stage of admission. On the last date of hearing,

counsel for the plaintiffs had stated that the talks of settlement had

broken down between the parties.

2. Pertinently, the present suit has been instituted by the plaintiffs

No.1 and 2 against the siblings of the deceased husband of the

plaintiff No.1 and the father of the plaintiff No.2 praying inter alia that

the clause contained in the will dated 11.08.2011, executed by late

Shri O.P. Bhatnagar (father-in-law of the plaintiff No.1 and grandfather

of the plaintiff No.2) be declared as null and void and defendant No.1

be directed to allow all the beneficiaries of the will including the

plaintiffs to participate in the sale of the suit premises.

3. Learned counsel for the plaintiffs states that after institution of

the present suit, the captioned will was probated vide order dated

29.09.2015 passed in a probate petition filed by the defendant No.1,

registered as Probate Case No.15/2013. He states that in the

meantime, the plaintiffs have vacated the suit premises as directed

under the will and now all the parties are trying to make efforts to

identify a suitable purchaser of the suit premises. It is submitted that

in this background, the plaintiffs may be permitted to withdraw the

present suit while reserving their rights to seek their legal remedies in

the event the suit premises is not sold by the defendant No.1 in terms

of the will or the same is not partitioned.

4. Leave, as prayed for, is granted. The suit is disposed of

alongwith the pending application.

HIMA KOHLI, J NOVEMBER 02, 2015 rkb