RITA DATTA Vs. RAJIV KUMAR AND OTHERS

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dated 30.08.2018 passed by Civil Judge (Junior Division), Yamuna Nagar at Jagadhri vide which application filed by the Local Commissioner was allowed and the report submitted by him was accepted thereby directing the petitioner to deposit an amount of Rs.13 lacs in the Court or in alternative if she agrees then said amount which has already been deposited by the applicant in the Court be adjusted from her share.

(2.) Few facts are relevant to be noticed. Earlier three revision petitions were decided by the High Court vide common order dated 05.08.2013. The litigation was between the same parties in respect of same properties. Petitioner is the sister of respondent No.1. Respondent No.1 made a claim to the properties on the ground that the properties are ancestral in nature and he has a share to the extent of 2/3rd whereas petitioner/sister is entitled to 1/3rd share. On the other hand, petitioner staked her claim to the entire property on the basis of Will executed by her mother. The mother herself was beneficiary of the Will executed by Tilak Raj. Civil suit for declaration was filed by respondent No.1 seeking declaration to the extent of 2/3rd share in his favour whereas remaining share of 1/3rd was sought to be conferred upon the petitioner/sister. He also sought injunction seeking to restrain the petitioner/sister from interfering in his possession. Petitioner/sister also filed a suit for declaration staking ownership of the whole property and injunction on the basis of Will. Another suit was filed by respondent No.1/brother seeking injunction against the petitioner/sister from securing an electricity connection.

(3.) From interlocutory orders arising out of aforesaid three suits, three revision petitions i.e. CR No.3407 of 2009, CR No.3060 of 2009 and CR No.5273 of 2011 were filed by the parties in the High Court.