ROHIT RISHI Vs. RAHUL RISHI

JUDGEMENT

(1.) IA No. 3945/2013 (u/O 12 R 6 CPC).

(2.) THIS application is filed under Order 12 Rule 6 CPC by the plaintiff seeking a decree of partition in respect of the property MIG Flat No. 75, Site 3, Pocket 6, Nasirpur, DDA Flats, Dwarka, New Delhi. The accompanying suit is filed seeking a decree of partition in respect of the said suit property at Dwarka. Further, relief is also sought regarding four other properties, namely, (a) Shop No. 18, D4/6 Vasant Kunj, DDA Market, New Delhi (b) LIG Flat at KD II/75B, Vikas Puri, New Delhi. (c) LIG Flat C5C/32 B, Janakpuri, New Delhi (d) Janta Flat, Dwarka. The plaintiff seeks rendition of accounts in favour of the plaintiff and against the defendant with directions to the defendant to render accounts in respect of the aforesaid four properties. As far as the property in Nasirpur, Dwarka is concerned it is averred that at the time of her death the mother of the parties was the recorded owner of the said flat and it has devolved equally upon the plaintiff and defendant being the only Class -I Legal Heirs of late Mrs. Avinash Rishi, the mother of the parties.

(3.) IT is urged that on 1.5.2012 the plaintiffs sent a notice to the defendant to partition the Dwarka property and to also render the true and correct accounts in respect of the other properties mentioned in paragraph 4 of the plaint and elaborated above and make payment of the plaintiff's share alongwith interest. However, it is averred that the defendant has not complied with the same. Hence, the present suit has been filed.