RAMESH ADVANI Vs. HIRO ADVANI

JUDGEMENT

(1.) THE plaintiff has sued for declaration that he is a co -owner of property bearing No.BA -238, Tagore Garden, New Delhi and for partition thereof and permanent injunction restraining the defendant no.1 from dealing with the said property, pleading: -

(2.) SUMMONS of the suit and notice of the application for interim relief were issued to the defendants and vide ex parte ad interim order dated 6 th June, 2012 which continues to be in force the defendant was restrained from dealing with or parting with the first floor of the property; a Court Commissioner was appointed to make an inventory of articles lying on the first floor which could throw light on the person who has been in occupation thereof in the recent past with authority to take photographs and make enquiries from the neighbours; however the Court Commissioner could not enter the premises since the same were locked and the defendant no.1 stated that he had misplaced the key; accordingly vide subsequent order dated 8 th June, 2012 order for breaking up of the door to the first floor was issued.

(3.) THE defendant no.1 in his written statement has contested the claim in suit pleading: -