Delhi High Court
Mrs Payal Kapoor vs Mr Pankaj Jain & Ors on 27 May, 2025
Author: Navin Chawla
Bench: Navin Chawla
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 28.02.2025
Pronounced on: 27.05.2025
+ CS(OS) 3156/2015 & I.As. 1452/2020, 11778/2020,
7719/2021, 12006/2021, 17237/2021, 10308/2022, 1402/2024,
1403/2024, 4844/2024, 8347/2024, 8663/2024, 9070/2024
MRS. PAYAL KAPOOR & ANR .....Plaintiffs
Through: Mr.Harish Malhotra, Sr. Adv.
with Mr.Rajeev Bahl and
Mr.Vikas Tomar, Advs. for P-2.
versus
MR. PANKAJ JAIN & ORS. .....Defendants
Through: Mr.Darpan Wadhwa, Sr. Adv.
with Ms.Ruby Singh Ahuja,
Mr.Varun Khanna, Mr.Vasu
Singh, Ms.Megha Dagar,
Ms.Aditi Mohan, Ms.Neelakshi
Bhadauria, Ms.Rea Bhall,
Ms.Divita Vyas, Mr.Tribhuvan
N Singh, Mr.Puru Lekhi &
Ms.Divya Gyan, Advs. for D-2
& D-3.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
JUDGMENT
1. This suit has been filed by the plaintiffs, praying for the
following reliefs:-
"a) pass a preliminary decree of partition
declaring her share to be one-fifth in the
suit properties, as well as final decree of
partition by metes and bounds of all
movable and immovable properties, as
detailed in the Schedules to the plaint.
b) declare that late Shri D.K. Jain died
intestate and the two will set up by
Defendant No. 1 and 2, as stated in
paras 6 and 7 of the plaint, are forged,
null and void.
c) pass a decree for rendition of accounts,
preliminary and final directing the
Defendants to render accounts of profits
and other benefits derived by the
defendants from suit properties detailed
in Schedules to the plaint.
d) pass a decree for mesne profits in favour
of the Plaintiff and against the
Defendants at a rate to be determined by
this Hon'ble Court pendent lite and
future till the decree of partition is fully
implemented.
f) issue and grant a decree of mandatory
injunction against the defendants
restoring the status as it prevailed at the
time of death of late Shri D.K. Jain of
all the shares belonging to Late Sh D.K.
Jain, which have been transmitted to
Defendant No. 2, as detailed in Schedule
C to the Plaint and transfer/transmit the
same in equal proportion to the parties
to the suit;
g) grant any other relief which this Hon'ble
Court may deem fit and proper be also
passed in favour of the Plaintiff and
against the Defendants.
h) Award the cost of the suit in favour of
the Plaintiff and against the
Defendants."
2. The above Suit was originally filed only by Ms. Payal Kapoor
(plaintiff no.1), daughter of Late Shri D.K. Jain (hereinafter referred to
as the 'deceased'), claiming therein that the deceased, who had left for
heavenly abode on 18.03.2014, leaving behind the parties to the suit as
his only legal heirs, had died intestate.
3. She further challenged the Will dated 11.12.2004 of the
deceased, propounded by defendant no. 2 - Ms. Usha Jain, her
mother, and the Will dated 13.09.2013 of the deceased, propounded
by defendant no. 1 - Mr. Pankaj Jain, her brother.
4. She, on the basis of the above averments, prayed for a decree of
partition, claiming 1/5th share in the estate of the deceased.
5. Later, by an Order dated 27.02.2019, the application, being I.A.
No. 1140/2018, filed by the erstwhile defendant no. 4 in the suit -
Ms.Priya Jain, was allowed and she was transposed as the plaintiff
no.2 in the suit.
6. As far as the Will dated 13.09.2013 propounded by defendant
no.1 is concerned, the defendant no.1 filed an application in the
present Suit, being I.A. No. 11953/2017, stating therein that he is not
pressing his claim with respect to the said Will, and has in fact,
entered into a Memorandum of Oral Family Settlement reduced into
writing on 17.11.2016 with defendant no. 2 in TEST.CAS. 54/2014,
withdrawing his objections against the Will dated 11.12.2004, by
which the entire estate of the deceased has been bequeathed by him in
favour of defendant no. 2. The said application was disposed of by this
Court vide its Order dated 14.01.2022.
7. The plaintiff no. 1/ the original plaintiff has also settled her
disputes with defendant no. 2-Smt. Usha Jain, and has executed a
Memorandum of Oral Family Settlement dated 09.08.2021, based on
which she has withdrawn her objections against the Will dated
11.12.2004. She also moved an application in the present Suit, being
I.A. 10423/2021, withdrawing her claim in the present Suit. The said
application was allowed by this Court vide its Order dated 03.09.2021,
and the plaintiff no. 1/ the original plaintiff was deleted from the array
of parties.
8. Therefore, the only claim remaining to be adjudicated in the
present Suit was that of the plaintiff no.2-Ms. Priya Jain.
9. TEST. CAS. 54/2014, has been filed seeking grant of Probate of
the Will dated 11.12.2004 left behind by the deceased, bequeathing his
entire estate to the defendant no. 2 herein- his wife- Mrs. Usha Jain. In
the said petition, the plaintiff- Ms. Priya Jain has filed objections
against the grant of probate.
10. The learned counsels for the plaintiff no. 2 and the defendants,
in the course of their submissions in TEST.CAS. 54/2014, have also
submitted that if the probate of the Will dated 11.12.2004 is granted,
nothing further survives in the present Suit.
11. By a separate judgment pronounced today in TEST.CAS.
54/2014, this Court has dismissed the objections filed by the plaintiff
against the grant of the probate of the Will dated 11.12.2004, and has
granted probate of the Will dated 11.12.2004 to the executor thereof,
namely, Shri Sanjay Kalra.
12. In view of the above, nothing further survives in the present
Suit.
13. The Suit, along with pending applications, is dismissed. The
parties shall bear their own costs.
14. Let a decree sheet be drawn accordingly.
NAVIN CHAWLA, J
MAY 27, 2025/rv/VS
