VIJAY SHANKAR AGGARWAL Vs. SUNITA AGGARWAL & ORS.

JUDGEMENT

(1.) The appellant has preferred the present three appeals to assail the order dated 12.03.2019 passed by the learned Single Judge in CS(OS) No.11/2017 as well as in the pending applications, i.e., IA No.349/2017 preferred by the plaintiff/respondent no.1 seeking maintenance of status quo in respect of the suit properties; IA No.12634/2018 preferred by defendant no.4/appellant seeking release of what he claimed to be his share from the amount of Rs.7.5 crores received from the sale of 50% of the property bearing A-12, Lawrence Road, Delhi, and; IA No.12633/2018 by the defendant no.4/appellant under Order 7 Rule 11 CPC for rejection of the plaint.

(2.) The plaintiffs Sunita Aggarwal and Anju Aggarwal who are impleaded as respondent nos.1 and 2 in the present appeals, have filed the suit to seek declaration/cancellation, partition and injunction against the defendants i.e. their father Shri Tej Ram Aggarwal (defendant no.1) who has been impleaded as respondent no.3, mother Smt.Pushpa Devi/respondent no.4 and also her brothers Shri Vijay Shankar Aggarwal, Shri Ravi Shankar Aggarwal, Shri Shiv Shankar Aggarwal and Shri Prem Shankar Aggarwal i.e. the appellant and the respondent nos.5 to 7 respectively. In the suit, the plaintiff's claim is that they, along with their parents and brothers, constitute a Hindu Undivided Family (HUF) which owns several properties. This claim regarding the existence of the HUF is premised upon the document executed inter se between their father and their brothers wherein the existence of the HUF has been acknowledged.

(3.) The claim of the plaintiffs is that their father and brothers subsequently entered into a settlement amongst themselves, excluding the plaintiffs therefrom, and decided to appropriate the HUF properties amongst themselves. One of the properties, namely, property no.A-12, Lawrence Road, Delhi has admittedly been disposed of and a part of the sale consideration i.e. Rs.7.5 cores in respect of 50% of the said property has been deposited with the Regsitry, pursuant to the orders passed by this Court.