MONA LUTHRA & ANR. vs SMT HARPREET KAUR MADAN & ANR.

Judgment text excerpt

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23.04.2025. + CS(OS) 309/2022 MONA LUTHRA & ANR. .....Plaintiffs Through: Ms. Sujata Kohli, Advocate (Through VC) versus SMT HARPREET KAUR MADAN & ANR. .....Defendants Through: Mr. Sumit Sinha, Advocate for D-2 % CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMEET PRITAM SINGH ARORA, J (ORAL): I.A. 16128/2022 (Under Order VII Rule 11 CPC) 1. This is an application filed by the defendant no. 2 seeking rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (‘CPC’) in view of the pendency of TEST CAS. 53/2022 (‘testamentary proceedings’) between the parties. 2. This order is being passed in continuation of the order dated 22.07.2024 passed by this Court. Submissions on behalf of the non-applicant/plaintiffs 3. Learned counsel for the non-applicant/plaintiffs’ states that the plaintiffs have been compelled to institute the present suit in peculiar facts, since the plaintiffs apprehend that defendant nos. 1 and 2 dispute the title of Signature Not Verified Signed By:HEMANT CS(OS) 309/2022 Page 1 of 5 PRATAP SINGH Signing Date:27.04.2025 20:58:31 the testatrix late Smt. Usha Luthra in the subject property i.e., K1/14 First floor, Model Town, Delhi (‘suit property’). 3.1. She states that plaintiffs are in possession of the suit property and there is an apprehension that defendant nos. 1 and 2 may interfere with the possession of the suit property during the pendency of the testamentary proceedings. 3.2. She states that plaintiffs are claiming absolute title to the suit property to the exclusion of defendants on the basis of Will dated 30.03.2021, which is a subject matter of probate in TEST CAS. 53/2022. 3.3. She states that in the unlikely event, the Will dated 30.