ANUJ MALHOTRA Vs. SANJAY MALHOTRA

JUDGEMENT

(1.) C.M.(M) 860 of 2015 The petitioner Anuj Malhotra, who is plaintiff is Civil Suit No.34/2009, has filed the instant petition under Article 227 of the Constitution of India impugning the order dated 26th May, 2015 whereby the learned Trial Court has allowed the application under Order 9, Rule 13 CPC and set aside the exparte judgment and decree dated 30th July, 2011.

(2.) The parties to this litigation are closely related. The petitioner Anuj Malhotra is nephew of respondent Sanjay Malhotra. Sh. Deepak Malhotra is father of the petitioner Anuj Malhotra and brother of respondent/defendant Sanjay Malhotra.

(3.) The above description of the parties has been necessitated in view of the fact that both the parties are claiming their title in respect of the suit property bearing no.26/177, West Patel Nagar, New Delhi on the strength of Will. The claim of Anuj Malhotra is that Smt.Ram Pyari and her husband Sh.Pyare Lal adopted his father Sh.Deepak Malhotra as their son and Smt.Ram Pyari executed a Will in respect of the suit property in his father as her grandson. The claim of Sh.Sanjay Malhotra over the suit property is on the basis that Smt.Ram Pyari was his 'Tai' i.e. wife of elder brother of his father and they were issueless. She had executed a Will in respect of the suit property in his name and the said Will was witnessed by Sh.Deepak Malhotra (father of the petitioner Anuj Malhotra).