Promila Sud & Ors vs Naveen Anand & Anr
2023 Latest Caselaw 175 Del

                                            Neutral Citation Number 2023/DHC/000369



                          $~57
                          * IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                 Judgment delivered on: 13.01.2023
                          +         CM(M) 746/2018 & CM APPL. 26842/2018
                                    PROMILA SUD & ORS                                ..... Petitioners
                                                         versus
                                    NAVEEN ANAND & ANR.                              ..... Respondents
                          Advocates who appeared in this case:
                          For the Petitioners :  Mr. Rajiv Bahl and Mr. S.P. Srivastava,
                                                  Advocates.

                          For the Respondents        :      Mr. Sonali Malhotra, Advocate
                          CORAM:
                          HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                         JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL) [ The proceeding has been conducted through Hybrid mode ]

1. Ms. Malhotra, learned counsel appears for the respondents and submits that the concession to frame the additional issues are on instructions of her client for the reason that immense delay has occured in disposal of the suit.

2. Mr. Bahl, learned counsel appearing for the petitioner vehemently objects to the same.

3. With consent of the parties and without prejudice to the rights and contentions and objections of both the parties, the following additional issues are framed:-

(i) Whether the suit is barred by time? OPD

(ii) Whether the defendants have right of pre-emption under

Signature Not Verified Digitally Signed By:VINOD KUMAR

15:45:40 Neutral Citation Number 2023/DHC/000369

Section 4 of the Partition Act, 1893 read with Section 22 of the Hindu Succession Act, 1956? OPD

4. In view of the aforesaid, no other issue arises nor expressed by the parties.

5. Learned Trial Court to take up these additional issues and additional affidavits, if required, may be called for, by the learned Trial Court, and then proceed in accordance with law.

6. In view of the aforesaid directions, the petition is disposed of with no orders as to costs.

TUSHAR RAO GEDELA, J .

JANUARY 13, 2023/nd

Signature Not Verified Digitally Signed By:VINOD KUMAR

15:45:40