J.B.KOHLI Vs. RAMESH KOHLI

JUDGEMENT

(1.) By way of this order I propose to decide both the applications being I.A. No. 19089/2013 and I.A. No. 13811/2014 under Section 151 CPC filed by the defendant No.1 in this suit for permanent and mandatory injunction filed by the plaintiff against the defendants.

(2.) Brief facts of the case are that the plaintiff and defendants are the sons of Late Shri B.C.Kohli. The parties herein along with their father were members of a Hindu Undivided Family ('HUF'). The HUF was the owner of property bearing No. 31, Golf Links, New Delhi - 110003 admeasuring about 1250 sq. yards which comprises of a ground floor, first floor and a Barsati on the terrace (hereinafter referred to as the "suit property"). The said HUF was dissolved soon after the demise of Shri B.C.Kohli on 15th April, 1978 and was survived by three sons namely, defendant No.1, defendant No.2, plaintiff and 5 daughters.

(3.) The suit as well as interim applications were listed before Court on 20th January, 2005 and the summons in the main suit and notice in the interim applications were issued. The Court also passed the interim order. The suit was disposed of with the consent of the parties by 27th April, 2007 by referring the parties to the arbitration.