LAWS(DLH)-2019-2-470

SADHNA TYAGI Vs. RAJ KUMAR TYAGI

Decided On February 25, 2019
Sadhna Tyagi Appellant
V/S
Raj Kumar Tyagi Respondents

JUDGEMENT

(1.) The present suit is for partition, declaration and recovery of an amount of Rs.1,69,704.00 in respect of property measuring 700 Sq. Yds, out of Kh. No. 272/228/173, situated in Front of Gali No.12, Main Road, Village Wazirabad, Delhi - 110084 (hereinafter, „suit property"). The Plaintiff - Ms. Sadhna Tyagi (hereinafter, „Plaintiff") has filed the present suit against her father, Mr. Raj Kumar Tyagi - Defendant No.1 (hereinafter, „Defendant No.1") and siblings. Defendant Nos. 2 and 3 are the brothers of the Plaintiff, and Defendant Nos.4-6 are her sisters.

(2.) During the pendency of the suit, the father of the parties, i.e., Defendant No.1 passed away on 28/11/2015. Keeping in mind the fact that the matter was a family matter, the Court referred the parties to mediation on 8/5/2017. Mediation failed, and this Court on 17/7/2018 ordered that status quo in respect of possession and title be maintained qua the suit property. Admission/denial was concluded in the matter and issues were framed on 15/10/2018. Thereafter, the matter proceeded for evidence before the Joint Registrar.

(3.) Cross-examination of the witnesses of the Plaintiff is currently under way. Ld. Counsel for the Defendants wanted to put suggestions to the witnesses of the Plaintiff at the end of the cross-examination. The Joint Registrar at that stage recorded the following order: