BAHAR MURTAZA ALI Vs. ROHINI WAHI

JUDGEMENT

(1.) THE applicant/defendant has preferred this application under Section 10 of the Code of Civil Procedure for staying the present suit.

(2.) THE facts as detailed in this application are that till date there are three civil suits filed by the parties before different Courts. These suits have been filed after death of Faiz Murtaza Ali, the details of these civil suits are given as under:

(3.) THAT CS (PS) No. 1815 of 2013 filed by the plaintiffs is pending before the Hon'ble High Court of Delhi at New Delhi wherein the plaintiffs seek declaration of purported WILLS dated 14.04.2013 & 19.06.2013 as null and void and wherein all the beneficiaries of the purported WILLS dated 14.4.2013 and 19.6.2013 including the defendant herein Rohini Wali @ Rophani have been made defendants. Again in CS (OS) No. 1815/2013, Mr. Bhisham Saini is not a party. Further, the suit property is not within the jurisdiction of the Delhi High Court and also no relief has been claimed in respect of the suit property before the Hon'ble Delhi High Court, therefore, the Hon'ble Delhi High Court has no jurisdiction to pass any order in respect of right, title and possession of the suit property."