SITA KASHYAP Vs. HARBANS KASHYAP

JUDGEMENT

(1.) The following reliefs have been claimed in this suit:-

(2.) A preliminary decree partitioning property No.5A, Guru Gobind Singh Marg, (New Rohtak Road), Karol Bagh, New Delhi 110 005 was passed by this Court on 10th May, 2007 holding that each party has undivided share in the aforesaid property. A Local Commissioner was appointed by the Court, who submitted a report stating therein that the property was not capable of being divided by metes and bound. The Court vide order dated 19th November, 2007, passed a final decree of partition with respect to movable as well as immovable properties, directing that the properties being incapable of partition, the same would have to be sold. In respect of property No. 5A, Guru Gobind Singh Marg, (New Rohtak Road), Karol Bagh, New Delhi 110 005, it was directed that the same be sold by public auction and the parties would be entitled to bid in the public auction, to the exclusion of their share.

(3.) I.A. No.13192/2009 has been filed by Ms. Benu Puri, who claims that the first plaintiff Ms. Sita Kashyap, who died during the pendency of the suit, had left a Will in her favour.