SHIVANI CHAND Vs. NUPUR SINGH ALIAS NUPUR CHAUHAN

JUDGEMENT

(1.) Heard Sri B.P. Nautiyal, learned Senior Counsel appearing on behalf of the appellant, Sri Navneet Kaushik, learned counsel for the first respondent, and Sri Vikas Pandey, learned Standing Counsel appearing on behalf of respondent nos. 2 to 4 in this Special Appeal and, with their consent, the Special Appeal is disposed of.

(2.) The first respondent herein had invoked the jurisdiction of this Court filing Writ Petition (M/S) No. 1278 of 2013 seeking a writ of certiorari to quash the order passed by the second respondent dated 17.05.2013 in Excise Revision No. 220 of 2012. Writ Petition (M/S) No. 1278 of 2013 was allowed by the order under appeal dated 10.10.2019, and the order dated 17.05.2013 was quashed and set aside.

(3.) Facts, to the limited extent necessary, are that there was a bar-cum- hotel styled as 'Motel Polaris', which was being run by Sri Yudhisthir Singh. On his demise, his widow's name was mutated as the successor of the licensee, and the license was renwed in her favour. While Sri Yudhisthir Singh passed away in the year 1980, his wife Smt. Madhu Singh passed away on 15.03.1999. Thereafter, the license was renewed in the name of Smt. Madhu Singh's son Sri Dhruv Singh. On his demise on 18.08.2012, a dispute arose in the family. Sri Yudhisthir Singh and Smt. Madhu Singh had four children : Ms. Shalini Prem, Shivani, Sunaina and Mr. Dhruv Singh. Sri Dhruv Singh is survived by his widow (the first respondent herein) and his daughter Ms. Namya, aged 9 years. Ms. Shalini Prem, the sister of the appellant, filed Suit No. 158 of 2012 wherein she arrayed her sister-in-law (the respondent-writ petitioner) as the first defendant, her niece Ms. Namya as the second defendant, and her sisters Ms. Shivani and Ms. Sunaina as defendants 3 and 4. The Civil Court decreed the suit on 27.05.2016 holding that the property be divided into four equal parts i.e. 1/4th share each to the three sisters, namely, Ms. Shalini, Ms. Shivani, Ms. Sunaina, and the remaining 1/4th share to the respondent-writ petitioner.