SUSHILA GOEL Vs. MOOL RAJ AGGARWAL

JUDGEMENT

(1.) Shrimati Sushila Goel and her husband Shri Sat Narayan Goel filed a suit for declaration, partition and permanent injunction against the sole defendant in respect of property No.E-5/5, Krishna Nagar, Delhi-110051. The suit was contested by the defendant as the plaintiffs were originally claiming more than half of the share in the suit property. On 22.8.2000, the plaintiffs and the defendant appeared in person and agreed that the said suit property be divided equally between the parties. It appears that despite the same, no final settlement could be recorded. This resulted in issues being framed on 11.5.2005 and the suit was set down for trial. Trial has not concluded.

(2.) Plaintiff No.2 passed away on 6.12.2005 and this fact is noticed in the order dated 12.1.2006. However, no formal application to bring on record the legal heirs of plaintiff No.2 was filed. Learned counsel for the plaintiffs states that deceased plaintiff No.2 is survived only by plaintiff No.1 and their adopted child and in terms of a Will of late plaintiff No.2, plaintiff No.1 is the sole beneficiary. It is stated that, thus, plaintiff No.2, needs to be deleted from the array of parties with plaintiff No.1 becoming the sole plaintiff. Learned counsel for the plaintiff states that the adopted son of the plaintiff Mr. Ashish Goel does not contest the Will and is agreeable to the devolution of the share of plaintiff No.2 on plaintiff No.1 to which effect he will file the necessary affidavit within a week.

(3.) The original plaintiff No.1, now the sole plaintiff, and the defendant are present in Court and reiterate that they are agreeable to the division of the suit property in two equal shares of 50 per cent each and the parties give up their claim for a larger share.