GULAB SINGH Vs. HARI SINGH

JUDGEMENT

(1.) BY this order, I propose to decide the application filed by the plaintiff being I.A. No. 1875/2011 under Order 26 Rule 13 read with Section 151 of the Code of Civil Procedure for directions to appoint the Local Commissioner for receiving monthly rents of one of the suit property which is in the possession of the LRs of the defendant No.1 i.e. 17, Community Centre, Ashok Vihar, Delhi under various tenants.

(2.) IN the present matter, a preliminary decree has been passed vide order dated 07.01.2011 whereby it was held that the parties have 1/5th share each in the properties as mentioned in para 2(b) and 5 of the plaint.

(3.) IN the application, being CM No.6239/2011, filed by the plaintiff who is respondent No.1 in the appeal, the Honble Division Bench issued a clarification that the status quo obtaining on the date of the passing of the impugned order shall continue without prejudice to what orders the learned Single Judge may pass in IA Nos.1875/2011 and 4188/2011. I.A. No. 4188/2011 has been filed by the LRs of the defendant No.1 for stay of further proceedings in view of the status quo order passed by the Division Bench in their appeal.