NAVAL KISHORE GUPTA Vs. YASHWANT KUMAR GUPTA

JUDGEMENT

(1.) THE present application has been filed by the plaintiff praying inter alia for condonation of delay of 83 days in filing the brief synopsis.

(2.) THE admitted position is that the suit premises was purchased by Smt. Attar Kali, mother of the plaintiff and the defendants No.1 to 6, and immediately upon her demise in October 2011, the plaintiff had instituted the present suit for partition, permanent injunction and declaration against his four brothers (defendants No.1 to 4) and two sisters (defendants No.5 and 6), including defendant No.7, who happens to be the wife of the defendant No.3.

(3.) NOTICE was issued in the present suit on 9.11.2011 and the parties were directed to maintain status quo with regard to the title and possession of the suit property. Subsequently, the defendants had entered appearance, through counsel as also in person. Defendant No.2 had filed I.A. No.20990/2011, stating inter alia that he had no objection to the prayer made by the plaintiff for passing a preliminary decree for partition of the suit premises to the extent of 1/7th share each in favour of the plaintiff and the defendants No.1 to 6 respectively. The plaintiff filed a reply to the aforesaid application on 9.4.2012, wherein he mentioned the fact that defendant No.2 had instituted a suit for partition in respect of 100 sq. yards of the very same property. The plaintiff also stated that defendant No.2 had averred in his plaint that defendants No.5 & 6 (sisters) had executed a registered Relinquishment Deed dated 23.2.2000 in favour of their brothers, i.e., the plaintiff herein and defendants No.1 to 4. However, the plaintiff challenged the stand taken by defendant No.2 that during her lifetime, their mother had sold 50 sq. yards out of 150 sq. yards of the suit property in favour of the defendant No.7 (wife of defendant No.3).