VIJAY KUMAR Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) Facts in crux being, the appellant on 4/9/2015 filed a suit before the learned Additional District Judge, North West, Rohini Courts, Delhi ('Trial Court') for partition and permanent injunction along with an application for permanent injunction under Order XXXIX Rule 1 and 2 of Code of Civil Procedure, 1908 (hereinafter referred as 'CPC') against the respondents seeking inter alia, to restrain them from interfering with the suit property i.e. House No. 52, Block F-3, Sultanpuri, Delhi admeasuring 22.5 sq yards. The aforesaid suit was registered as Civil Suit bearing no. 213/2015 titled as 'Vijay Kumar vs Kaushalaya Devi and Ors.'

(2.) Appellant herein is the son of Late Sh. Murari Lal and his first wife Smt. Vidhya Devi. It is stated that appellant's mother left Late Sh. Murari Lal right after appellant's birth and he has no knowledge of her whereabouts for the past 45 years and is presumed to be not alive under law.

(3.) Thereafter, Late. Sh. Murari lal married Smt. Kaushalya Devi, the respondent no. 1 and had a son and a daughter out of his second marriage namely Manoj Kumar being the respondent no. 3 and Smt. Meera Devi i.e. respondent no. 3.