AMAN NATH Vs. ATUL NATH AND ORS.

JUDGEMENT

(1.) IA. No. 18453/2013 (u/O. 39 R. 1 & 2 CPC filed by plaintiff)

(2.) A mother forgets the pain she suffers at child's birth, the moment she hears the cries and sees the face of her child. A mother's sleepless nights and countless sacrifices are not uncommon for her children. Smt. Sheela Ashok Nath gave birth to four children (three sons and one daughter). This mother even on her death has given a share of her property to each of her four children, in a residential house worth crores of rupees. In a wildest of her dreams she would not have expected that her dead body would lie in the Veranda of her own house and would not be placed in her living room which was locked on account of inter se disputes between her children.

(3.) PLAINTIFF has filed the present suit for injunction. Plaintiff is the brother of defendants No. 1 to 3. Defendant No. 4 is the maternal uncle of the plaintiff i.e. plaintiff's mother's brother. Plaintiff and defendants No. 1 to 3 are the children of late Sh. Ashok Nath and Smt. Sheela Ashok Nath (hereinafter referred to as the 'mother'). Smt. Sheela Ashok Nath died on 17.11.2013. The mother executed a Will dated 24.4.2009, which was presented before the Sub -Registrar -V, Delhi for registration on 27.4.2009. The Will was registered vide registration No. 2630 in additional book No. 3, volume No. 1716 on pages 5 to 10 on 28.4.2009. The defendant No. 4 has been named as the executor of the Will. Further as per the plaint, the immovable property bearing No. A -51, Nizamuddin East, New Delhi (hereinafter referred to as 'the suit property'), which consists of ground floor, first floor and the second floor has been bequeathed in the following manner: