NIRMAL SETHI Vs. DEEP CHAND ANAND

JUDGEMENT

(1.) BY the present order, this Court proposes to dispose of an application filed by the plaintiff under Order 39 Rule 4, CPC praying inter alia for modifying the order dated 22. 8. 1990 and excluding the parcel of Land bearing survey No. 304 and 305, Lal Bahadur Shashtri Marg, Mulund, Mumbai, admeasuring 15049. 80 sq. mtrs. (approximately 18000 sq. yds.) hereinafter referred to as the mulund Land, from the status quo order made applicable to all the properties, subject matter of the suit.

(2.) BEFORE proceeding to deal with the merits of the application, it is necessary to briefly refer to the relevant facts resulting in the filing of the present application. The accompanying suit was instituted by five daughters of late Shri Dharam Chand Anand and Smt. Charan Kanta Anand against their four brothers and one sister, for partition and injunction claiming inter alia that after the death of their parents, all the children had equal share to the extent of 1/10th share each in the properties left behind by their parents, as detailed in paras 3 and 6 of the plaint.

(3.) THE aforesaid suit was registered vide order dated 22. 8. 1990 and summons were issued to the defendants. Along with the suit, the plaintiffs filed an interim application for stay, being I. A. No. 6552/1990, on which an exparte ad interim injunction order dated 22. 8. 1990 was passed directing that in the meantime, the parties shall maintain status quo with regard to possession. It was further directed that the defendants shall not part with possession or encumber the properties in any manner whatsoever. The interim order is continuing to operate till date. During the pendency of the suit, settlements were arrived at between the plaintiffs and the defendants No. 1 to 3 and defendant No. 5.