PARMINDER KAUR KHURANA Vs. RAVINDER SINGH

JUDGEMENT

(1.) The plaintiff, in this suit for partition and rendition of accounts against her brother (the mother, earlier defendant No.2, is stated to have since died), pending since the year 2008 and in which till date there is no interim relief in favour of the plaintiff, seeks interim order restraining the defendant from dealing with the following properties:

(2.) The counsel for the defendant appears on advance notice and counsels have been heard.

(3.) The counsel for the defendant, with respect to the properties aforesaid has stated, (i) that the land at Kalupur (Sonepat) was developed by the father of the parties as a colony known as Sujan Singh Park and 164 plots thereon were carved out and sold; that the land was about 17 acres and at the time of demise of the father of the parties, only about 2 to 3 acres remained in the name of the father and is still held by the defendant; (ii) that property at Kunjpura Road, Karnal, Haryana was received by the mother of the parties in partition with her brother and is now held by the defendant; (iii) that the Orchard at Chandigarh Shimla Road and Site No.22, Rajendra Nagar, are in the name of the defendant and the title documents thereof are in the name of the defendant and have already been placed on record; (iv) that the title of the basement at Pusa Road and the property at Kishangarh near Vasant Kunj, are in the name of Rajendra Overseas Pvt. Ltd. and Sujan Singh International Pvt. Ltd. respectively, which are not parties to the present suit; documents in this regard also have been placed on record; (v) that the flat at Sr. Citizens Home Complex was applied for by the father and possession thereof is with the defendant; (vi) the flat at Vasant Kunj was in the name of the father and under the Will of the father has been given to the plaintiff and is being held by the defendant and is in possession of the tenant who is not paying any rent; (vii) that no particulars of moveable properties have been given; and, (viii) that the land near Sonepat on Rai-Delhi Road does not exist and if the plaintiff knows about the same, can take it exclusively and the defendant has no objection thereto.