PARMOD KUMAR JAIN Vs. RAM KALI JAIN

JUDGEMENT

(1.) This suit for partition of property bearing No.26, admeasuring 3595 sq. mts., Friends Colony (West), New Delhi came up before the undersigned on 7th August, 2019, for hearing of some pending applications and for framing of issues. Having heard the counsels on the controversy for the purposes of adjudicating the applications, it was felt that the question of framing of issues if any qua the pleas of the defendants of Hindu Undivided Family (HUF) and oral family settlement will have to be first adjudicated and if it was found that no issue arises on the said aspect, in accordance with the admitted position as to title through documents, there should be no impediment to a decree for partition being passed immediately. It was however further felt that the counsels should have an opportunity to address the Court on the said aspect. Accordingly, the framing of issues was deferred to 20th November, 2019 and on which date the counsels were heard and order on framing of issues deferred.

(2.) The suit has had a chequered history, as also evident from the fact that inspite of having been pending for over ten years, issues even have not been framed as yet.

(3.) The suit was originally instituted by Niti Jain (Niti) against (i) Ram Kali Jain (Ram Kali), (ii) Shruti Jain (Shruti), (iii) Pramod Kumar Jain (Pramod), (iv) Sunil Jain (Sunil), (v) Ramesh Kumar Jain (Ramesh) and (vi) Raj Kumar Jain (Raj Kumar). It was the case of Niti, that (a) Niti, (b) Ram Kali and Shruti together, (c) Pramod and (d) Sunil had 1/4th share each in the property and Ramesh and Raj Kumar were impleaded, being tenants in the property. Pramod and Sunil, in their written statements, supported the claim of Niti to the extent of the share of different parties in the property. However Ram Kali, Shruti, Ramesh and Raj Kumar controverted the claim of Niti with respect to the shares in the property also.