RAMESH ARYA Vs. PAWAN ARYA

JUDGEMENT

(1.) The plaintiff has instituted this suit for partition of property No.A-135, Priyadarshini Vihar, New Delhi, pleading that (i) Sh. Paramanand Arya, being the father of the plaintiff, defendants no.1,2 and 7 and of Shiv Kumar Arya, another brother of the plaintiff and defendants no.1,2 and 7 was the owner of the said property constructed over land ad-measuring 360 sq. yds.; (ii) Shiv Kumar Arya has died leaving the defendants no.3 to 6 as his widow, sons and daughter respectively; (iii) Sh. Parmanand Arya has left a validly executed registered Will dated 8th September, 2005 bequeathing the entire property in favour of his five children; and, (iv) thus the plaintiff, defendants no.1,2 and 7, each have a 1/5th undivided share in the property and the defendants no.3 to 6 together have remaining 1/5th share in the property.

(2.) The suit was entertained and vide ex parte ad-interim order dated 14th November, 2018, which continues to be in force, the parties restrained from alienating, encumbering or parting with possession of, or any part of, property No.A-135, Priyadarshini Vihar, New Delhi.

(3.) One joint written statement has been filed by defendants no.1,2,6 and 7 and another joint written statement has been filed by defendants no.3 to 5.