HARJIT SINGH Vs. SURINDER SINGH

JUDGEMENT

(1.) Before coming to the subject matter of these IAs, it would be appropriate to take stock of some of the relevant proceedings in this suit. For, this background shall not only facilitate in understanding the raison d'etre but also disposal of these appiicat Ions.

(2.) Plaintiff and defendants are brothers and sister, they are children of late Sh.Trilochan Singh and late Smt-Gurbachan Kaur. The present suit is filed by the plaintiff for partition of the properties mentioned in Schedule I & II to the plaint, while in Schedule II certain movable properties, namely, two FDRs & jewellery articles are mentioned. Schedule I mentions immovable property bearing No-3425/IX, Gali Mahabir Gandhi Nagar, Delhi (hereinafter referred to as the 'suit property'). It is this suit property which is the bone of contention and with which we are concerned at the moment. Late Smt.Gurbachan 'Kaur, mother of the parties was the owner of the suit 'property. The case of the plaintiff is that she died intestate and therefore all four brothers and sister have equal share in this suit property including movable property. On that basis he is claiming 1/4th share therein.

(3.) Alongwith the plaint, the plaintiff filed IA No.6243/98 under Order XXXIX Rule 1 and 2 and Section 151 Civil Procedure Code for ad-interim injunction. Ex-parte injunction was granted restraining the defendants from transferring, alienating or parting with possession of the suit property to any other person on 31/7/1998. when the summons of this suit property were received by the defendants, they entered appearance and filed written statements.