HARDEEP SINGH Vs. WASAN SINGH

JUDGEMENT

(1.) Cs(Os) No.1299/2007 has been filed by Hardeep Singh, against his (a) grandfather Wasan Singh, (b) father Kulwant Singh (c) paternal grandmother Mahinder Kaur, and (d) father's brother Surinder Singh, for partition of (i) property no.6/4 Furniture Block, Kirti Nagar, New Delhi; (ii) agricultural land and houses situated in Village Mamecheck, District Gurdaspur, Punjab; and, (iii) property no. 3238, Ranjeet Nagar, New Delhi.

(2.) Cs(Os) No.218/2009 has been filed by Mahinder Kaur for recovery of possession of third floor of property no.3238, Ranjeet Nagar, New Delhi from Hardeep Singh and his wife Nam Simran Kaur.

(3.) Cs(Os) No.218/2009 was initiated prior in point of time, before the District Court. Finding the claim of Hardeep Singh in CS(OS) No.1299/2007 to be the same as his defence in the previously instituted CS(OS) No. 218/2009, vide order dated 1st August, 2008 in CS(OS) No.1299/2007, the proceedings therein were ordered to be stayed. Hardeep Singh preferred FAO(OS)450/2008 against the said order and which was disposed of vide order dated 3rd December, 2008 of the Division Bench of this Court, by transferring the previously instituted CS(OS) No.218/2009 to this Court and by directing the two suits to be disposed of together. In pursuance thereto, the suit filed by Mahinder Kaur against Hardeep Singh and his wife Nam Simran Kaur, for recovery of possession, was transferred to this Court and numbered as CS(OS) 218/2009