NIRMAL SAREEN Vs. NEELU KAPUR

JUDGEMENT

(1.) (Oral) The record of the suit has been summoned and perused.

(2.) SHRAVAN Kapur, his minor sister Sakshi Kapur (through her next friend Neelu Kapur) and their mother Neelu Kapur filed a suit seeking partition of the assets of the Joint Hindu Family in which they impleaded only 6 defendants; defendants No.1 to 5 being the three sons of Diwan Kapur, Diwan Kapur himself and his wife Sudershan Kapur. Defendant No.6 was a person to whom one of the many joint family properties was stated to be sold.

(3.) THE plaintiffs and defendants No.1 to 5 entered into a settlement and in terms thereof the learned Single Judge disposed of the suit as per order dated September 20, 2010, which on being challenged in RFA(OS) No.98/2010, resulted in the matter being remanded to the learned Single Judge for re-deciding the application filed under Order XXIII Rule 3 by the plaintiffs and defendants No.1 to 5 on the issue of right of defendants No.7 to 11; defendant No.6 being given up.