SANJEEV SARIN Vs. RITA WADHWA & ANR.

JUDGEMENT

(1.) This is an application filed by the legal heir/wife of the deceased defendant no.2 under Order XXXIX Rule 10 CPC seeking a direction that the defendant no.1 should pay pendente lite charges for use and occupation of the suit property and which direction prayed is that the same direction be passed as passed on 07.08.2013 by a Division Bench of this Court in an appeal FAO(OS) No. 94/2013 filed against the order of a learned Single Judge of this Court dated 26.11.2012 by which the application filed by the plaintiff under Order XXXIX Rule 10 was dismissed.

(2.) The order of the Division Bench dated 07.08.2013 passed in FAO(OS) No. 94/2013 in the appeal titled as Sanjeev Sarin vs. Rita Wadhwa and Another reads as under:-

(3.) The subject suit is a suit filed by the plaintiff for partition, rendition of accounts etc. The suit property in question is B-1/23, Vasant Vihar, New Delhi. The suit property was admittedly owned by the mother of the parties, namely, Smt. Madhurekha Sarin. Whereas the plaintiff, and who is supported by the defendant no.2/applicant, claims that the mother Smt. Madhurekha Sarin died intestate, the defendant no.1 has set up a Will dated 01.03.1999 of the mother whereby the suit property has been bequeathed to the defendant no.1.