NAVAL MAHAJAN Vs. NEHA ARORA

JUDGEMENT

(1.) THE Test. Case No.45/2009 is a petition for grant of Letter of Administration which was initially filed before the learned District Judge, Delhi on 23.03.2009. The petition was filed by Mr. Naval Mahajan son of late Avinash Gupta. The petitioner sought Letter of Administration in respect of three immovable properties i.e. House No.24/25/D, Apne Enclave, Railway Station Road, Ashok Vihar, Gurgaon Haryana and two plots bearing number 57-58, District Medaek Kollur, Hyderabad (AP). Smt. Neha Arora, sister of the petitioner Naval Mahajan was impleaded as respondent in the petition. She appeared in the Court and stated that she had no objection to grant Letter of Administration to the petitioner who was her brother. The learned District Judge vide order dated 16.5.09, noted that though the deceased at the time of his death had his fixed place of abode situated within the jurisdiction of this Court, his properties in respect of which Letters of Administration had been sought were outside the jurisdiction of the Court and, therefore, it was this Court alone which had jurisdiction to entertain the petition. She accordingly directed that the petition be returned to the petitioner for presenting the same before this Court. Accordingly, the petition was filed in this Court and was registered as Test. Case No.45/2009.

(2.) THE Test. Case No.46/2009 was also filed before the learned District Judge on the same date on which the Test. Case No.45/2009 was filed. The prayer made in this petition was exactly the same as was made in Test. Case No.45/2009. Vide order dated 16.5.09, this petition was also directed to be returned to the petitioner on the ground that the properties in respect of which Letters of Administration had been sought were at Gurgaon and Hyderabad and, therefore, the High Court alone had the jurisdiction to entertain the petition. Accordingly, this petition was filed in this Court and registered as Test. Case No.46/2009.

(3.) THE case of the petitioner is that the property i.e. House No.24/25/D, Apne Enclave, Railway Station Road, Ashok Vihar, Gurgaon Haryana was owned by late Avinash Gupta father of the petitioner Mr. Naval Mahajan and respondent Smt. Neha Arora. It is also alleged that late Mr. Avinash Gupta was residing at D-3/3582, Vasant Kunj, New Delhi-110 070 i.e. from 1998 to 2002 and thereafter he was residing at House No.24/25/D, Apne Enclave, Railway Station Road, Ashok Vihar, Gurgaon Haryana.