KAMLA KAPOOR Vs. NEELAM KAPOOR

JUDGEMENT

(1.) This civil revision is directed against the order of Smt. Neelu Mainwal, the then Civil Judge (Sr. Div.), Gautam Budh Nagar dtd. 9/12/2019, ordering a stay of Original Suit No.654 of 2017, under Sec. 10 of the Code of Civil Procedure, 1908 (for short, 'the Code').

(2.) The facts giving rise to this revision are these: Kamla Kapoor, wife of the late Maharaj Kumar Kapoor, instituted Original Suit No.465 of 2015, seeking reliefs of declaration and permanent prohibitory injunction. Kamla Kapoor has since died and has been substituted in the suit by her daughter, Smt. Ruchi Sharma as plaintiff No.1/1. Kamla Kapoor, the deceased, represented by her legal representative, shall hereinafter be called 'the plaintiff'. Original Suit No.465 of 2015, which shall, for the sake of brevity, be called hereinafter as 'the suit of 2015', was instituted by the plaintiff against Neelam Kapoor, widow of the late Rajan Kapoor, Ravindra Kapoor and Pallavi Kapoor, the son and the daughter respectively of the late Rajan Kapoor, besides Ritika Madan, widow of the late Pradeep Madan. Apart from four of these defendants, the fifth defendant to the suit of 2015 are the New Okhla Industrial Development Authority, represented by its Chairman/ Chief Executive Officer. The plaintiff's case in the suit of 2015 is that she is the co-owner in possession of a house bearing No. C-60, Sector 50, NOIDA, District Gautam Buddh Nagar. It is the plaintiff's case that she is co-owner of the house aforesaid to the extent of a 3/4thshare. The house, above detailed, shall hereinafter be called 'the suit property'.

(3.) Shorn of unnecessary detail, suffice it to say that defendant No.5 to the suit of 2015, who are respondent No.5 to this revision, the New Okhla Industrial Development Authority, represented by its Chairman/ Chief Executive Officer (for short, 'the NOIDA'), allotted land comprising the suit property in favour of one Sant Lal Sodhi on 21/8/1996. A registered lease deed was executed in favour of Sodhi by the NOIDA on 27/11/1997. On the 4thof April, 2001, Sodhi, through the holder of his power of attorney, Deepak Jain, executed an agreement to sell in favour of the plaintiff, her son Rajan Kapoor and the plaintiff's husband Maharaj Kumar Kapoor. In adherence to the covenants of the agreement to sell last mentioned, Sodhi's attorney, Deepak Jain, executed a deed of transfer dtd. 23/4/2001 in favour of the plaintiff, Rajan Kapoor and Maharaj Kumar Kapoor, which was duly registered. On and after 23/4/2001, the plaintiff has been in possession of the suit property as its co-owner. Her name was mutated in the records of the NOIDA on 26/6/2001 as a co-owner of the suit property. As ill luck would have it, on 25/6/2013, the plaintiff's son Rajan Kapoor died. He left behind four heirs and LRs, comprising his wife, a son and a daughter, who are defendant Nos.1, 2 and 3 to the suit of 2015 and respondent Nos.1, 2 and 3 to the revision. The fourth LR that Rajan Kapoor left behind was the plaintiff herself, being the deceased's mother. Defendants Nos. 1 to 4 shall hereinafter be called 'the defendants'.