TEST.CAS./31/2003 of MOHINDER SINGH Vs THE STATE AC+

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TEST.CAS. 31/2003 & IAs No.19198/2012 (for service of LR of relation No.1) & 19199/2012 (for condonation of delay in re-filing) relation No.1) & 19199/2012 (for condonation of delay in re-filing)

MOHINDER SINGH

..... Petitioner

Through: Mr. S.K. Chachra and Mr. Vinod,

Advs.

Versus

THE STATE

..... Respondent

Through: Mr. Mukesh Anand, Adv. for Indra Gupta.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW O R R

18.04.2017

This order is in furtherance of the orders dated 17[th] February, 27[th]

1. February and 21[st] March, 2017.

2. Mr. Mukesh Anand, counsel for Indra Gupta appears and has disclosed that in the suit filed by Indra Gupta against Delhi Development Authority (DDA), as disclosed earlier by the counsel for the petitioner, there is an interim stay restraining DDA from mutating plot No.1493, Kingsway Camp, Delhi in the name of any person. He has further disclosed that Indra Gupta has also challenged the decree of declaration of the Courts at Patiala, referred to in para 2 of the order dated 27[th] February, 2017, and there is stay of operation of that decree. TEST.CAS. 31/2003 Page 1 of 3

Page 1 of 3

3. The counsel for Indra Gupta seeks time to file objections to this petition, also contending that the probate petition filed by Indra Gupta was dismissed on objection being taken by the petitioner herein of this Court not having territorial jurisdiction; FAO No.293/2014 has been preferred thereagainst.

4. The counsel for the petitioner controverts that the probate case filed by Indra Gupta was dismissed on the ground of jurisdiction alone; he states that it was decided on merits.

5. I am of the view that there is no need to allow Indra Gupta to file objections to this petition and to start these proceedings de-novo.

6. As recorded in the earlier orders, insofar as natural heirs of the deceased Smt. Mukandi Bai are concerned, there is already decree of Patiala Courts holding the document of which probate is sought in this petition to be the validly executed last Will of Smt. Mukandi Bai and whereunder the plot No.1493, Kingsway Camp, Delhi has been bequeathed to the petitioner.

7. The only dispute which remains is with Indra Gupta and which dispute is not to be adjudicated in these proceedings and is already subject matter of FAO No.293/2014 and the suit filed by Indra Gupta.

8. If Indra Gupta, in the aforesaid proceedings fails to establish any rights with respect to the said plot of land, the petitioner would be entitled to mutation of the plot in his favour and to deal with the plot as owner thereof under the document of which probate has been sought in this petition and which has been proved in Patiala Courts. TEST.CAS. 31/2003 Page 2 of 3

Page 2 of 3

9. As far as the apprehension expressed by the counsel for the petitioner and as recorded in para 9 of the order dated 21[st] March, 2017 is concerned, the same can be taken care of by directing DDA to, in the event of Indra Gupta failing in FAO No.293/2014 and in the suit filed by her, mutate plot No.1493, Kingsway Camp, Delhi in favour of the petitioner herein.

10. The petitioner will be at liberty to immediately file copy of this order with DDA and to, as and when occasion arises, seek compliance by DDA of the directions contained herein.

11. With the aforesaid directions, the petition is disposed of.

12. The file of FAO No.293/2014 requisitioned with this proceeding be returned immediately. returned immediately.

APRIL 18, 2017

RAJIV SAHAI ENDLAW, J.

TEST.CAS. 31/2003