RAJ KUMARI SHARMA Vs. RAKESH KUMAR SHARMA

JUDGEMENT

(1.) IA No. 4055/2016 The dispute pertains to two properties viz (a) No. 25A and 25B, Block - C, Rama Park, Uttam Nagar, New Delhi admeasuring 246 square yards consisting of two rooms (hereafter referred as Uttam Nagar property) and (b) MIG Flat No. B-3/11, Sector - 18, Rohini, Delhi (hereafter referred as Rohini property). Both the properties were owned by Shri Madan Mohan Lal Sharma, who expired on 17.02.2000, leaving behind his widow - plaintiff; his son - defendant No. 1; and his daughter - defendant No. 2 herein.

(2.) It is alleged by the plaintiff that she was residing with defendant No. 1 at Rohini property, but the behaviour of defendant No. 1 and his wife was so cruel and she was turned out from there on 11.06.2013 and since then she has been residing with her relative(s). Neither the defendant No. 1 nor his wife have even bothered to see how his mother is residing in miserable condition having no place to stay or food to eat. Defendant No. 1 is not paying any amount to her as maintenance either. A petition under Section 12 of the Domestic Violence Act, 2012 is filed by the mother/plaintiff against her son/defendant No. 1.

(3.) In the above backdrop, I now proceed to deal with the application - IA No. 4055/2016 moved by defendant No. 1 for recalling of the order dated 26.05.2008. Since the deceased had died intestate leaving behind the aforesaid properties, all the three parties to suit are, even otherwise, entitle to ?rd share each in both properties. Hence, on 26.08.2015 with the consent of parties, following order was passed by this Court :-