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

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 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 po