BHARAT KUMAR AHLUWALIA vs ACHLA CHAUDHARY & ANR.

Judgment text excerpt

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 09.06.2025 + CS(OS) 240/2021 BHARAT KUMAR AHLUWALIA .....Plaintiff Through:. Mr. Sanjiv Kakra, Senior Advocate with Mr. Akash Madan and Mr. Abhishek Batra, Advocates. versus ACHLA CHAUDHARY & ANR. .....Defendants Through: Mr. Ashok Kumar Chhabra, Advocate for Defendant No.1. Mr. Vinayak Mehrotra, Advocate for Defendant No.2. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN JUDGMENT VIKAS MAHAJAN, J. I.A.No.37932/2024 (by the defendant no.2 under Order VII Rule 11(c) of CPC) 1. The present application has been filed by the defendant no.2/applicant seeking rejection of plaint on the ground that the Court Fee affixed is deficient. 2. The present suit has been filed by the plaintiff seeking a decree for partition, separate possession, rendition of accounts and permanent injunction with regard to the estate of his deceased brother, late Dr. Ashok Signature Not Verified CS(OS) 240/2021 Page 1 of 20 Digitally Signed By:DEEPAK SINGH Signing Date:09.06.2025 15:14:04 Kumar Walia. Parties to the suit are siblings of the deceased, Bharat Kumar Ahluwalia (Plaintiff) and Achla Chaudhary (Defendant no.1). Piyush Chaudhary (Defendant no.2/Applicant) is the son of defendant no.1. 3. It is the case of plaintiff that late Dr. Ashok Kumar Walia did not marry during his lifetime and died issueless on 22.04.2021. It is further his case that the late Dr. Ashok Kumar Walia died intestate and that he has no Class-I legal heirs. Plaintiff and defendant no.1 are the sole Class-II legal heirs. Accordingly, he seeks half share in the assets/estate of his late brother. 4. The plaintiff has alleged that shortly after the death of late Dr. Ashok Kumar Walia, defendant no.2 entered the residence of the deceased and removed certain amount of