LAWS(DLH)-2019-9-307

HRIDAY KUMAR CHATURVEDI Vs. MASTER DAKSH

Decided On September 30, 2019
Hriday Kumar Chaturvedi Appellant
V/S
Master Daksh Respondents

JUDGEMENT

(1.) Petitioner impugns order dated 03.08.2017 whereby application of the petitioner under Order 7 Rule 11 CPC has been dismissed.

(2.) Respondent no. 1 had filed the subject Suit for Partition and possession of suit property. Petitioner is the father of Respondent No. 1 and Respondent No. 2 is the Aunt of the Respondent No. 1 i.e. sister of the petitioner.

(3.) It was contended by respondent No. 1 in the plaint that he was the son of the petitioner and his paternal grandfather had died on 30.07.2013 and his paternal grandmother had died on 15.11.2011 leaving behind two properties bearing Nos. C-36 and C-40, Raju Park, Devli, Khanpur, Delhi besides ancestral property at the native place in the village Ramgarh, Post: Sigri, District Azamgarh, Uttar Pradesh, details of which would be furnished by the petitioner and respondent no. 2 (defendants in the suit).