MUKTI DUTTA Vs. ARYA ANATHALAYA

JUDGEMENT

(1.) Cs(Os) No.1728/2011 is instituted against as many as 18 defendants, for i) declaration that the mutation dated 6th May, 1952 done by the defendant no.18 Land &Development Office (L &DO) in favour of late Sh. Krishan Dutta with respect to property No.13, Barakhamba Road, New Delhi is null and void; ii) declaration that the Will dated 7th June, 1976 executed by Late Sh. Krishan Dutta bequeathing the property aforesaid in favour of defendant no.17 Arya Anathalaya @ Arya Orphanage is null and void; iii) declaration that the Probate / Letters of Administration of the Will dated 7th June, 1976 of late Sh. Krishan Dutta granted by the Court of the District Judge, Delhi is null and void as Sh. Krishan Dutta had no right to bequeath the suit property in favour of defendant no.17 Arya Anathalaya @ Arya Orphanage; iv) partition of the property by metes and bounds; and, v) permanent injunction restraining the defendant no.17 Arya Anathalaya @ Arya Orphanage from taking possession of and/or dealing with the said property.

(2.) Though the suit is pending for the last seven years, but no issues even have been framed as yet.

(3.) Ia No.3400/2013 of the defendant no.17 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) and IA No.6958/2017 of the plaintiff under Order VI Rule 17 of CPC, besides a number of other applications, are for consideration.