KRISHAN KUMAR MEHRA Vs. ROOP LALL MEHRA

JUDGEMENT

(1.) The present petition challenges the impugned judgment and order dtd. 23/8/2017, passed by the Ld. ADJ-04 (South East), Saket (hereinafter "Trial Court" ) in Civil Suit No. 208039/2016 titled Shir Krishna Kumar Mehra v Shri Roop Lall Mehra by which the application filed by the Respondent No.2/Maj. Prem Kumar Mehta/Defendant No.2 (hereinafter "Defendant No.2" ) seeking leave to deposit 1/5th share of the sale proceeds of the Defendant No.1 was dismissed. The said application was duly supported by the Petitioner Sh. Krishna Kumar Mehra/Plaintiff/Petitioner (hereinafter "Plaintiff" ) and the Respondent No.3/ Defendant No.3 (hereinafter "Defendant No.3" ) & Respondent No.4/ Defendant No.4 (hereinafter "Defendant No.4" ). The only contesting party is Defendant No.1/Respondent No.1/Sh. Roop Lall Mehra (hereinafter "Defendant No.1" ).

(2.) The parties to the present revision petition are four sons and one daughter of Late Shri. Pyare Lall Mehra, who passed away on 1/11/2008. Late Shri. Pyare Lall Mehra was the absolute owner of property bearing No. J-17, Jangpura Extension, New Delhi, admeasuring 279 sq. yards (hereinafter "suit property" ). The suit property has a ground floor, first and half of the second floor constructed. As on date, the possession of the ground floor is with Defendant No.2. Defendant No.1 is in possession of the first floor and his son and his family are living on the second floor. In effect, therefore, the first and second floor are in the possession of and being enjoyed by Defendant No.1.

(3.) The suit for partition being CS(OS) No.395 of 2009 titled Krishan Kumar Mehra v. Shri Roop Lall Mehra & Ors., was filed by the Petitioner/Plaintiff (hereinafter "Plaintiff" ) seeking partition and rendition of accounts in respect of properties belonging to his father including movable and immovable property. In this suit, a preliminary decree was passed on 21/12/2009, by a ld. Single Judge of this Court in the following terms: