RAJ DULARI Vs. SURINDER KAUR

JUDGEMENT

(1.) IA No.4641/2011 (by D -12 under Section 114 CPC) 1. This order shall dispose of an application filed by the defendant No.12 seeking review of the order dated 07.05.2010 passed in IA Nos.13253/2009 and 12187/2009.

(2.) BRIEFLY stated the facts as given in the order dated 07.05.2010 are that the suit relates to the property owned by late Sh.Gurbaksh Singh. It was the case of the plaintiffs that when Sh.Gurbaksh Singh died on 10.11.1961, he had left behind a registered Will dated 26.04.1960. This Will was got probated {Probate Case No.1/1962} and the suit property bearing No.D -16, Niazmuddin (East), New Delhi was got mutated in favour of the grand sons who were the beneficiaries under the Will. The children of the daughters of the late Sh.Gurbaksh Singh were excluded. The property was subsequent thereto sold to the applicant/defendant No.12 namely BDR Builders and Developers Pvt. Ltd. This court at the time of issuing summons had restrained the defendants from parting with possession or creating third party rights in respect of the suit property which order continued to be in operation till the IA No.12187/2009 (u/O 39 R 1 and 2 CPC) and IA No.13253/2009 (u/O 39 R 4 CPC) came to be decided by this court on 07.05.2010.

(3.) WHEN the order dated 07.05.2010 was passed by this court disposing of the IA No.12187/2009 (u/O 39 R 1 & 2 CPC) and IA No.13253/2009 (u/O 39 R 4 CPC), the former application was disallowed and the order of stay was vacated on the ground that the interest of the plaintiffs was sufficiently protected by the undertaking filed by the defendant No.12 that they would not create any third party interest in respect of the construction which was built on the suit property after obtaining the sanctioned plan. The IA No.13253/2009 (u/O 39 R 4 CPC) was accordingly allowed and the stay granted vide order dated 18.09.2010 stood vacated. The para 16 of the order dated 07.05.2010 wherein this was recorded reads as under: