DHIAN NATH KAPUR Vs. PRAN NATH KAPUR

JUDGEMENT

(1.) Late Shri Dina Nath Kapur was the owner of property bearing No.14, Park Area, Karol Bagh, New Delhi-110005 (hereinafter "Suit Property"). He had two sons, the Plaintiff- Shri Dhian Nath Kapur and the Defendant - Shri Pran Nath Kapur (hereinafter, "Pran Nath Kapur"). The property is a rectangular plot 170.4 feet long and 69.8 feet wide. Shri Dina Nath Kapur passed away on 20th March, 1978. He had executed a registered Will dated 15th May, 1965, registered on 29th May, 1965. There is no dispute between the parties that each of the parties owns and is entitled to 50% share in the property.

(2.) The present suit was filed by Shri Dhian Nath Kapur, through his duly constituted attorney, his daughter Dr. Anu Kapur (hereinafter, "Plaintiff"). The parties attempted mediation to amicably partition the property - however, no settlement could be arrived at. Accordingly, the present suit was filed seeking the following reliefs:-

(3.) The suit was initially listed on 10th September, 2014 on which date an ex-parte ad-interim injunction was granted in the following terms: