PREETI SEHGAL Vs. SARLA SEHGAL

JUDGEMENT

(1.) The appellant/plaintiff impugns the order dated 20.01.2016, passed in CS(OS) 585/2011, whereby a preliminary decree of partition has been passed holding the appellant/plaintiff entitled to 1/3rd share in the immovable properties stated in para 9(i), (iii) and (iv) of the amended plaint and 1/3rd right out of the 50% ownership rights of Sh. N.L. Sehgal in House No.101, Bilkeshwar Colony, Haridwar (Uttrakhand), stated in para 9(ii) of the plaint and 1/3rd of the amount lying in the sole bank account of late Sh. N.L. Sehgal and 1/3rd share of the 50% of the amounts in the joint accounts of Late Sh. N.L. Sehgal held jointly with his wife, the respondent No. 1.

(2.) The appellant/plaintiff filed the subject suit for partition, rendition of accounts, permanent and mandatory injunctions against the respondents. The appellant seeks partition of the properties (movable and immovable) left behind by late Sh N.L. Sehgal, who was the husband of the respondent No.1 and the father of the appellant and the respondent No.2.

(3.) It is not in dispute that Sh. Sh N.L. Sehgal died intestate on 27.09.2010. There is also no dispute that the parties on the death of Sh N.L. Sehgal are the only legal heirs of Late Sh. N.L. Sehgal and succeeded to his estate equally i.e. each having 1/3rd undivided share in the same.