SHIEL MEHTA Vs. ASHOK MEHTA

JUDGEMENT

(1.) I.A.No.16927/2011 has been filed by the plaintiff in suit No.2503/1998 and IA.No.17440/2011 and I.A.No.18070/2011 have been filed by the petitioner in probate case No.52/1998.

(2.) PARTIES are real brothers. Suit for partition and rendition of accounts has been filed by Sh.Shiel Mehta and the probate petition has been filed by Sh.Ashok Mehta. For the sake of convenience Sh.Shiel Mehta shall be referred to as the plaintiff and Sh.Ashok Mehta shall be referred to as the defendant while dealing with all the three applications as one application has been filed by Sh.Shiel Mehta in the suit and two applications have been filed by Sh.Ashok Mehta in the probate petition, wherein he is the petitioner. Plaintiff and defendant are the legal heirs of late Sh.Ram Lal Mehta, who died on 27.10.1998. On 17.11.1998 while issuing summons in the suit for partition and notice in the application for interim stay, parties were directed to maintain status as of that day with regard to possession of the property as B-60, Pashchimi Marg, Vasant Vihar, New Delhi (hereinafter referred to as the property). Subsequently defendant moved an application I.A.No.10783/1998 under Order 26 Rule 9 CPC for appointment of a Local Commissioner, in which following order was passed on 1.12.1998:

(3.) PLAINTIFF prays that the interim order be modified and plaintiff be permitted to reside on the ground floor bedroom with toilet and use of drawing, dining, kitchen and other common areas to which the defendant has denied him access.