ANSHUMALEE SOOD Vs. DIN DAYAL SOOD AND ANR.

JUDGEMENT

(1.) SMT . Sudarshana Kumar Blagan/respondent No. 2 herein (plaintiff in the suit) in the year 1984 filed a suit for partition of immoveable property bearing No. I -13, Jangpura Extension, New Delhi -110014, before the Additional District Judge, Delhi, against the defendants namely Smt. Tulsan Devi, Sh. Din Dayal Sood and Smt. Devi Kumari Sood. The said suit was contested by all the parties. On 9th August, 1984 Smt. Tulsan Devi (original defendant No. 1) maternal grandmother of the petitioner herein died. On 5th October, 2007 Smt. Dev Kumari Sood (original defendant No. 3) died and her son Shri Anshumalee Sood, petitioner herein, was impleaded as legal heir in the year 2009. On 15th April, 2010 a transfer petition, being Transfer Petition No. 53/3009, filed by the petitioner herein seeking transfer of the suit to Sought District was dismissed by this Court.

(2.) ON 19th May, 2010 the suit for partition was decreed awarding 25% share each to the two daughters namely Smt. Dev Kumari Sood through legal representative (petitioner herein) and Smt. Sudershana Kumari Blagan, respondent No. 2 (original plaintiff in the suit).

(3.) ON 15th November, 2010 the respondent No. 1 withdrew the transfer petition, being Transfer Petition No. 41/2010, filed by him seeking transfer of the appeals, being RCA No. 125/2010 filed by the petitioner and RCA No. 124/2010 filed by the respondent No. 2, from East District to South District. Additional District Judge decided the said appeals and awarded 1/3rd share each to the surviving heirs of late Sh. Mela Ram Sood namely Smt. Dev Kumari Sood (original defendant No. 3) through legal representative, Smt. Sudershana Kumari Blagan (plaintiff) and Sh. Din Dayal Sood (original defendant No. 2).