MRS. MAYA DAS & ANR. vs MR. SUBRATA DAS
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision:25th April, 2024
+ CS(OS) 159/2019, I.A. 4165/2019
MRS. MAYA DAS & ANR. ….. Plaintiffs
Through: Ms. Ritika Mitra and Mr. Mohd. Sabir, Advocates.
versus
MR. SUBRATA DAS ….. Defendant
Through: Appearance not given.
CORAM:
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T (oral)
1. Learned Local Commissioner has submitted the Report, wherein it is submitted that the property can be divided floorwise.
2. Learned counsel for the plaintiff also submits that the property has to be divided in accordance with the Will dated 30.06.2006 which states that the property would go floorwise to the legal heirs.
3. Submissions heard.
4. Suit for Partition, declaration and Permanent Injunction was filed by the Plaintiffs for their share in their parents immovable property bearing House No. 49, Pocket-52, Chittaranjan Park, New Delhi-110019 (Suit Property) as per the registered Will dated 30.06.2006 of Late Smt. Usha Das.
5. The Defendant was proceeded ex-parte vide order dated 02.03.2021.
6. A preliminary decree was passed on 03.07.2023, in the following terms:-
In the circumstances, there is no impediment to grant relief as claimed by the plaintiffs and hence a preliminary decree of partition is passed per Registered Will dated 30.06.2006. The defendant(s) are also restrained from selling, alienating, transferring or parting or creating any third party rights in the subject property till the disposal of this entire suit.
7. The Registered Will dated 30.06.2006 bequeaths the Suit property as follows:
a. Ground Floor – Younger daughter Kumari. Mamata Das (Plaintiff No.2)
b. First Floor (to be constructed)- son Shri Subrata Das (Defendant); and
c. Second Floor (to be constructed)- her elder daughter Smt. Maya Das (Plaintiff No. 1)
8. The Local Commissioner appointed vide Order dated 03.07.2023, has also given his report dated 05.09.2023, in consonance with the bequest, as stated in the Will herein above and has also stated that all the parties to the suit are already in possession of their respective portions of the Suit Property as per the said Will and can be partitioned in terms of Registered Will dated 30.06.2006.
9. Further, the Local Commissioner in his report noted that in order to avoid the future dispute amongst the plaintiffs in regard to the Entry/ Exit to the Second Floor through common staircase, the Plaintiff No. 1 should also get access to the GATE C of the Suit Property.
10. In view of the Will dated 30.06.2006 and the Report of the Local Commissioner dated 05.09.2023, a final decree is hereby passed, dividing the property by metes and bounds, as stated in Paragraph 7 hereinabove.
11. Decree sheet be drawn accordingly. The pending application also stands disposed of.
(NEENA BANSAL KRISHNA)
JUDGE
APRIL 25, 2024/va
CS(OS) 159/2019 Page 1 of 3