SAMIR SHARMA vs STERRE SHARMA & ANR.

Judgment text excerpt

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 07.03.2025 + CS(OS) 677/2024 SAMIR SHARMA .....Plaintiff Through: Mr. Shaunak Kashyap, Ms. Parul Tuli, Ms. Nistha Gupta and Mr. Ahmar Shad, Advs. versus STERRE SHARMA & ANR. .....Defendants Through: Mr. Rajat Wadhwa, Mr. Amulya Dhingra, Mr. Gurpreet Singh and Ms. Divya Kanwar, Advs. for D-1 CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN JUDGMENT VIKAS MAHAJAN, J. I.A. 37440/2024 (filed by plaintiff under Order XXXIX Rule 1 & 2 read with Section 151 CPC for grant of ad-interim ex-parte injunction) 1. With the consent of the parties the present application is taken up for disposal. 2. The present suit has been filed seeking partition, rendition of accounts and injunction of the estate left behind by late Capt. Satish Sharma. The plaintiff is the son whereas the defendant nos.1 & 2 are wife and daughter of late Capt. Satish Sharma. 3. Along with the present suit, plaintiff has also filed the present application for ad interim ex-parte injunction praying for restricting the Signature Not Verified CS(OS) 677/2024 Page 1 of 16 Digitally Signed By:NARENDRA SINGH ASWAL Signing Date:11.03.2025 19:04:03 defendants from creating any third-party interest in immovable properties mentioned in Schedule-A to the plaint. 4. Mr. Shaunak Kashyap, the learned counsel appearing on behalf of the plaintiff submits that the assets which form part of the estate of late Capt. Satish Sharma have been enumerated in Schedule-A to the plaint and one of the contentious properties is agricultural land. 5. He submits that the present suit has been filed by the plaintiff on the ground that late Capt. Satish Sharma passed away intestate and the plaintiff being class I legal heir is a co-owner in all the properties mentioned in Schedule-A. 6. He subm