VISHNU KUMAR Vs. KASTURI DEVI

JUDGEMENT

(1.) Due to outbreak of pandemic COVID-19, the instant case is being taken up for hearing through video conferencing.

(2.) This is civil revision under Article 227 of the Constitution of India moved by petitioner-Vishnu Kumar against Smt. Kasturi Devi challenging and for setting aside of order dtd. 13/2/2019 (Annexure P-6) whereby, an application of the petitioner under Sec. 10 of CPC for staying the subsequent suit was dismissed as well as seeking stay on the operation on the said order. Heard counsel for the parties and perused the records.

(3.) The factual background that emancipates from the oral submissions and the records are that one-Mohinder Pal, since deceased, along with his three brothers, namely, Nirbhay Ram, Ishwar Singh and Pushpinder, were owners in equal shares of house detailed in the suit in question. Consequent upon death of Mohinder Pal on 6/12/1989, his one share in the said house devolved upon his widow-Kasturi Devi, Sunita, Sudhir Kumar, Kavita and the present petitioner-Vishnu Kumar. Share of Nirbhay Ram is claimed to have been purchased by Kasturi Devi but Vishnu Kumar-petitioner, claims that he had given the money to his mother for this transaction in purchasing 1/4th portion of Nirbhay Ram in the house. It is as a consequence of this dispute arose between the parties leading to filing of a civil suit by Vishvender Kumar and Ishwar Pal against Nirbhay Ram and others for declaration to the effect that the plaintiff and defendants are owners of the said house in equal shares and in possession as per mutual settlement.