B.S.OBEROI Vs. P.S.OBEROI

JUDGEMENT

(1.) The impugned order dated 16.04.2010 had dismissed the application filed by the plaintiff (B.S. Oberoi) under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure (hereinafter referred to as the "Code?), holding that the plaintiff is not entitled to any interim order vis- -vis the suit property.

(2.) Record shows that the present suit is a suit for declaration as also for partition. The claim of the plaintiff is predicated on his right to claim intestate succession qua the Will dated 09.01.1974 of his deceased maternal grandfather Bakshi Shiv Charan Singh Puri (hereinafter referred to as the deceased). The deceased had died on 14.01.1993. During his lifetime, he got married twice. His first wife Veeranwali had predeceased him. From his second wife, he had four children i.e. one son and three daughters. The present plaintiff is the son of the predeceased daughter of the deceased namely Iqbal Oberoi. She had died on 14.06.2006, leaving behind three legal heirs, the plaintiff, her elder son P.S.Oberoi (defendant No.1) and her husband K.S.Oberoi (defendant No. 13). Defendant No. 13 expired in April, 2010.

(3.) Before adverting to the prayers made in the suit, relevant would it be to refer to certain proceedings which were filed prior to the suit.