MANOJ KUMAR AGGARWAL Vs. PUSHPA RANI

JUDGEMENT

(1.) The plaintiff has instituted this suit for partition of property No.21, Central Lane, Bengali Market, New Delhi comprising of a single storey building constructed over leasehold land admeasuring 330 sq. yds., and for permanent injunction to restrain the defendant from creating third party rights with respect to the property.

(2.) The suit came up first before this Court on 22 nd May, 2018, when summons thereof were ordered to be issued and both the parties directed to maintain status-quo with respect to possession and title of the property.

(3.) Pleadings have been completed and the suit, ripe for framing of issues, came up before this Court yesterday i.e. on 24th February, 2020 when Mr. Narendra Sharma, Advocate for the defendant did not appear on first call and on counsel for the plaintiff being asked to telephonically call him, Ms. Smita Rajgarhia, Advocate appeared on his behalf and informed that the defendant had died on 16th February, 2020. On oral request of the counsel for the plaintiff, the two sons and three daughters of the defendant were substituted in place of the deceased defendant, vide yesterday's order.