CHARANJEET KAUR KHURANA Vs. S MANMOHAN SINGH OBEROI

JUDGEMENT

(1.) The present application under Order XXXIX Rule 2A read with Sec. 151of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC, 1908") has been filed on behalf of the plaintiff for initiating appropriate proceedings for willful and contumacious disobedience of the Orders of Injunction dtd. 1/11/2013 and 12/10/2017 granted by this Court against the defendants.

(2.) It is submitted in the application that the present Suit has been filed by the plaintiff against the defendant Nos. 1 to 6, all of whom are the surviving siblings of the plaintiff or the legal representatives of the deceased siblings. The matter was heard for the first time on 1/11/2013 and after hearing the plaintiff and going through the pleadings, an ex parte interim injunction was granted in favour of the plaintiff and the parties were directed to maintain the status quo in respect of the properties, namely, (i) B-11, Jangpura Extension, New Delhi and (ii) C-46, Okhla Industrial Area, Phase-II, New Delhi.

(3.) The defendant No. 1 contested the Suit by claiming that the deceased father of the parties had left a Will dtd. 17/10/1977. The immoveable properties purchased after the demise of the deceased father was with the exclusive income of the defendant No. 1, though he did not dispute that his sole source of income was from the Partnership Firm, M/s. Jupiter Radios. However, he claimed himself to be sole proprietor of the said Partnership Firm in view of the other partners (3 brothers of the deceased Shri Patwant Singh Oberoi) having retired from the Partnership Firm from time to time.