VIKRAM KAUSHIK & ANR. Vs. VIVEK KAUSHIK

JUDGEMENT

(1.) By this common order, I propose to decide the following applications filed by the parties:

(2.) The brief facts of the case are that the plaintiffs have instituted the instant suit for partition and mandatory and permanent injunction against the defendant in respect of immoveable properties identified as property No. L -19, Lajpat Nagar -III, Delhi -110024; Flat No. 1402, Marathon Galaxy -1, L.B.S. Marg, Mulund Mumbai; and agricultural land in two parts comprising about 10 acres each in the village and Post Office Shedawan, Distt. Bulandshahar, Uttar Pradesh (hereinafter referred to as the suit property). The plaintiffs and the defendant are the legal heirs of Shri Hem Chandra Kaushik, (hereinafter referred to as the deceased) who died intestate on 10.08.2008 leaving behind his two sons and a daughter.

(3.) It is averred in the plaint that all the suit properties which devolved upon the parties are ancestral properties and therefore, they are amenable to partition by metes and bounds. It is stated that the defendant along with the deceased used to reside at the Lajpat Nagar property and after his death the defendant misappropriated the property papers with respect to the agricultural land and the details of bank accounts of the deceased. It is also stated that even after various requests from the plaintiffs to partition the suit properties and disclose the details of amounts lying in the bank accounts of the deceased, the defendant has failed to do so. Therefore, the plaintiffs filed the present suit for partition and injunction on 19.09.2009.