SMT. HARINDER KAUR vs SHRI MANINDER PAL SINGH & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 20th February, 2025. Pronounced on: 4th April, 2025. + CS(OS) 540/2018, I.A. 1721/2019 & I.A. 4728/2022 SMT. HARINDER KAUR (DECEASED) THROUGH LR .....Plaintiff Through: Mr. Pawan Jit Singh Bindra Sr. Adv. along with Mr. Lakshay Dhamija, Mr. S.S. Chadha, Advs, and Adv. Bijoylashmi Das. versus SHRI JATINDER PAL SINGH & ORS. .....Defendants Through: Mr. Amit Singh Chauhan, Mr. Zafar Khurshid, Ms. Shaima Masood, Mr. Udit Chauhan, Advs. for D-2. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. I.A. 1720/2019 (Application under Order VII Rule 11 of CPC) 1. The present application has been filed by defendant no.2 (erstwhile defendant no.3)/applicant under Order VII Rule 11 of Code of Civil Procedure, 1908 (‘CPC’), seeking rejection of the plaint on the ground that it is devoid of any cause of action. Signature Not Verified I.A. 1720/2019 in CS(OS) 540/2018 Page 1 of 30 Digitally Signed By:MANISH KUMAR Signing Date:09.04.2025 11:10:29 2. Plaintiff, defendant nos.1 & 2 are all sons of Late Shri Kulwant Singh and Late Smt. Harinder Kaur, both of whom have since passed away. Shri Kulwant Singh passed away on 8th October 2018, followed by Smt. Harinder Kaur’s demise on 26th January 2022. The suit properties in question are as under: (i) Property bearing No. A-69, measuring 240 Sq. Yds., situated at Vishal Enclave, New Delhi - 110 027. (ii) Plot bearing No.59, situated at New Rohtak Road, Anand Parbat Industrial Area, New Delhi - 110 005 admeasuring 200 Sq. Yds. (iii) Land measuring 19 Kanals, 0 Marlas, bearing Hadbast No.278, situated at Village Tangori, Tehsil Mohali, District Ropar (Punjab). While two properties are in New Delhi, one property is an agricultural property in District Ropar, Punjab. 3. The suit