RAVI SETIA Vs. SOM NATH SETIA

JUDGEMENT

(1.) The petitioners are aggrieved by the order dtd. 5/6/2018 passed by the learned Additional District Judge-03, South District, Saket Court Complex, New Delhi (in short 'Trial Court') in CS no.8413/16, titled as 'Som Nath Setia vs. Ravi Setia and Ors.' whereby the learned Trial Court partly allowed the application moved by the respondent no.1 herein under Sec. 151 of Civil Procedure Code, 1908 (in short 'CPC') seeking the present suit to be adjourned sine die and to restrain the petitioners from cross-examining the respondent no.1 herein on the basis of the documents being declared null and void.

(2.) Petitioners herein are the defendants and the respondent no.1 herein is the plaintiff in CS no.8413/16 which is pending adjudication before the learned Trial Court.

(3.) To put it succinctly, the relevant facts are that petitioner no.2 had filed a suit titled as 'Surinder Kumar vs. Som Nath and Ors,' bearing no. 25/1996 before the Civil Judge (Junior Division) and Judicial Magistrate First Class, Pilli Banga, District Hanumangarh, Rajasthan against respondent no.1 and petitioner no.1 seeking a decree of declaration to the effect that parties be declared owners of property no. A-13, Geetanjali Enclave, New Delhi (hereinafter referred to as 'suit property'), under a family settlement dtd. 5/11/1993 whereby the said property fell to the respective shares in terms of the family settlement. Additionally, the petitioner no.1 also prayed for a decree of partition in respect of one half share in the suit property. The above suit was decreed vide judgment and decree dtd. 12/12/1996 passed by the learned Civil Judge, strictly in terms of family settlement dtd. 5/11/1993 between the parties.