LAWS(CAL)-2010-6-118

SAROJ SINGH Vs. ARJENDU PRATAP SINGH DEO

Decided On June 29, 2010
SAROJ SINGH Appellant
V/S
ARJENDU PRATAP SINGH DEO Respondents

JUDGEMENT

(1.) The plaintiffs are the granddaughters of Narsingh Pratap Singh Deo. The first defendant is the plaintiffs' father, the second defendant is the plaintiffs' brother and son of the first defendant and the third defendant is the plaintiffs' aunt and sister of the first defendant. Narsing Pratap Singh Deo died in 1985 and was survived by his widow Jatan Kumari Devi, the first defendant son and the second defendant daughter. Narsingh Pratap Singh Deo's widow died in 1995.

(2.) The plaintiffs claim that Narsingh Pratap Singh Deo's estate has not been divided and consequent upon the 2005 amendment to the Hindu Succession Act, since the family is governed by the Mitakshara School of Hindu Law, the plaintiffs have equal interest in the ancestral property.

(3.) GA No. 2670 of 2009 is plaintiffs' application in this partition suit seeking an injunction restraining the defendants from dealing with or disposing of the joint properties. GA No. 2982 of 2009 is the joint application by the first and second defendants seeking vacating of the order of status quo that was made on the plaintiffs' application. GA No. 3130 of 2009 is the plaintiffs' application for amendment of the plaint which has now been abandoned. GA No. 2154 of 2010, which does not appear in the list, is the first defendant's application which has been filed today and taken on record by consent of the parties where the first defendant father of the plaintiffs claims that he did not intend to side with the second defendant son but was coerced by the son to support him.