MANINDER SOOD Vs. DEEP PAL SINGH

JUDGEMENT

(1.) THE petitioner has filed the present contempt petition aggrieved by the stated wilful and deliberate omission on the part of the conteminors No.1 and 2 to comply with orders of this court dated 15.05.2012 whereby the respondents were directed to maintain status quo with regard to the possession of the petitioner in a portion of property No. E-342, Greater Kailash-I, New Delhi, till the next date.

(2.) THE petitioner has filed the present suit seeking a decree of partition in respect of various properties and business detailed in paragraphs 2(f) of the plaint and other reliefs. It is the case of the petitioner that the petitioner is the daughter of respondent No.4 and the sister of respondent No.1. It is the contention of the petitioner that the properties mentioned in the plaint are ancestral properties and she has an equal share in the said properties and hence she claims decree of partition. In the plaint, it was also stated that she is in joint possession of property i.e. E-342, G.K.-I, New Delhi as highlighted in the plan being filed with the suit. It is further stated that the plaintiff was married in the year 1994 with Sh. Rejeev Sood and from the wedlock she was blessed with one son Tarush Sood. The plaintiff separated from her husband on 04.08.2001, and since then has been living jointly with defendants No. 1, 3 and 4 (defendants in the suit) in the said property.

(3.) IT is the submission of learned senior counsel appearing for the petitioner that in the plaint, clear averment is made in para 3 that the petitioner is in possession of the part of the premises as per the plan filed with the suit. The plan clearly indicates the demarcated area. Learned senior counsel also pointed out that before filing of the present suit, the petitioner had also filed a complaint under The Protection of Woman from Domestic Violence Act. Pursuant to the order of MM, a protection officer had visited the premises of the petitioner and had filed a DIR report before the Court confirming said possession of the petitioner. The status report which is filed in the court of Ms. Pooja Talwar, MM, Saket, states that the complainant has shown her rooms on the first floor one occupied by the complainant and the other one by complainant's son in which their stuff was also lying and one lobby area.