O.P. GUPTA Vs. DEEPAK GUPTA

JUDGEMENT

(1.) There are three proceedings - namely CS (OS) 3416/2015, CS (OS) 613/2017& Test Case 44/2017 pending amongst the family members of Late Shri O. P. Gupta. He left behind his wife - Defendant No. 2- Mrs. Neelam Gupta, two daughters - namely Ms. Shefali Gupta- Defendant No. 3 and Ms. Sophia Gupta, and a son Mr. Deepak Gupta- Defendant No. 1. One of the properties left behind by Late Shri O. P. Gupta is property bearing No.C-2/6, Safdarjung Development Area, New Delhi-110016. Status quo orders as to title and possession in respect of the said property have already been passed vide order dated 30th July, 2019. The present application being I.A.10572/2018 has been moved by Defendant No.2 - Mrs. Neelam Gupta seeking permission for allowing the access to the unused servants' quarter.

(2.) Vide order dated 30th July, 2019, this Court had appointed a Local Commissioner. The said order reads as under:

(3.) The report of the Local Commissioner has since been received. The property consisted of a basement, ground floor, first floor and second floor. As per the report of the Local Commissioner, above the garage, there are four servant quarters, one above the other. Each servant quarter measures approximately 225 sq. feet, and has an attached bathroom. The first servant quarter, which is right above the garage, is in possession of Mr. Deepak Gupta. According to the Local Commissioner, this servant quarter is being used by Mr. Deepak Gupta's house help and driver. The second servant quarter is also in possession of Mr. Deepak Gupta and is purportedly used by his cook. However, the light outside this servant quarter was not working and there was no ceiling fan. The air conditioner was also not working. The cupboard was empty, and the room was dirty.