SHWETA SINGH HURIA Vs. SANTOSH HURIA

JUDGEMENT

(1.) The Appellants have filed the present Regular First Appeal assailing the preliminary decree dated 16.09.2020 passed by the Trial Court in CS No. 390/2019. Appellant No. 1 herein is Defendant No. 1 before the Trial Court and Respondent No. 1 is the Plaintiff. Defendants No. 2 and 3 are minor children of Defendant No. 1 and are Appellants No.2 and 3 herein, whereas Respondent No. 2 is the husband of Respondent No.1 and was Defendant No. 4 before the Trial Court. Appellant No. 1 was married to Late Sh. Vineet Huria and Respondent No. 1 is his mother.

(2.) The facts germane for deciding the present appeal are that Respondent No. 1/Plaintiff filed a suit for partition or separation of shares of Respondent No. 1, recovery of Rs. 54,14,077/-, rendition of accounts and permanent injunction against the Appellants herein and Respondent No. 2, father of Late Shri Vineet Huria.

(3.) Respondent No. 1 pleaded that her deceased son late Shri Vineet Huria and Respondent No. 2 were sole and absolute joint owners of property bearing No. MIG Flat No. 35, Block-A, Type-B, Pocket-3, Bindapur, Dwarka, New Delhi (hereinafter referred to as 'suit property'). Shri Vineet Huria died on 11.07.2018 intestate and left behind four Class-I heirs i.e. (a) Respondent No. 1/mother (b) Appellant No. 1/wife (c) Appellants No. 2 and 3/ son and daughter.