AVANTI MATHUR Vs. RAM GOPAL GUPTA

JUDGEMENT

(1.) The appellant, who is the defendant in the suit, has preferred this intra- court appeal impugning the order dated 24.07.2020 passed by the learned Single Judge in CS (OS) 292/2019, disposing of the interim application [I.A. No. 4686/2020] preferred by the Appellant seeking framing of additional issues.

(2.) Briefly stated, the facts of the case, as set out in the pleadings, are that the appellant is the daughter-in-law of the respondent herein, who is the plaintiff in the suit. The appellant, her husband Mr. Praneet Gupta, and the respondent, jointly purchased the property bearing No. C-2/43, 2nd Floor, Safdarjung Development Area (SDA), New Delhi - 110016 ('suit property') vide sale deed dated 04.02.2014. The said title document delineates the undivided shares of Mr Praneet Gupta, the respondent and the appellant in the ratio of 80:15:5, respectively. Vide gift deed dated 08.06.2018, Mr. Praneet Gupta gifted his 80% undivided share to the respondent. Subsequently, the respondent claiming to have 95% share in the suit property, filed the suit for partition.

(3.) In the written statement, filed in response to the plaint, appellant inter- alia, vehemently disputes and controverts the averments of the respondent/plaintiff qua possession of the suit property. She contends that the respondent has falsely alleged to be in actual physical possession of one room in the suit property. She also strongly refutes that respondent and his wife used to reside therein. She contends that the suit property was purchased for the use of Mr. Praneet Gupta and herself and it is they who along with their minor son, were residing therein. On 26.12.2017, Mr. Praneet Gupta shifted to residence of the respondent/plaintiff at C-4/107 Safdarjung Development Area, New Delhi 110016 and the respondent/plaintiff has never been in physical possession of the suit property or any part thereof at any point of time.