Hari Prakash Sharma Decd Thru Lr v. Lado Devi Decd & Ors

V.B.GUPTA, J. ab

* HIGH COURT OF DELHI : NEW DELHI CM (M) Nos. 1201/2010 & CM No. 16773/2010 % Judgment reserved on: 17th September, 2010 Judgment delivered on: 09th November, 2010 1. Sh. Hari Prakash Sharma (deceased) S/o Late Shri Kehar Singh Sharma, Through Legal Heirs. 2. Sh. Trilok Sharma, S/o Late Sh. Hari Prakash Sharma, R/o H. No. 240, Hari Nagar, Ashram, New Delhi-110040. 3. Sh. Mukesh Sharma, S/o Late Sh. Hari Prakash Sharma, R/o H. No. 240, Hari Nagar, Ashram, New Delhi-110040. 4. Sh. Yogesh Sharma, S/o Late Sh. Hari Prakash Sharma, R/o H. No. 240, Hari Nagar, Ashram, New Delhi-110040. 5. Smt. Vimla Devi. w/o Late Sh. Hari Prakash Sharma, R/o H. No. 240, Hari Nagar, Ashram, New Delhi-110040. 6. Smt. Seema Sharma, D/o Late Sh. Hari Prakash Sharma, R/o H. No. 240, Hari Nagar, Ashram, New Delhi-110040. ….Petitioners Through: Mr. Vaibhav Gaggar, Adv. Versus 1. Smt. Lado Devi (deceased) W/o Late Shri Kehar Singh Sharma, R/o H. No. 240, Hari Nagar, Ashram, New Delhi-110040. 2. Smt. Kusum Lata, D/o Late Shri Kehar Singh Sharma, R/o H. No. 240, Hari Nagar, Ashram, New Delhi-110040. Presently at; R/o H. No. 703, Dayal Pura, Karnal, Haryana. 3. Smt. Shiksha Devi Sharma, W/o Sh. Arvind Kumar, R/o Rajkiya Senior Secondary School, Ismailabad, Distt, Kurukshetra, Haryana. 4. Smt. Raksha Devi Sharma, W/o Sh. Hari Ram, R/o Village Dagripur, Karnal, Haryana. 5. Smt. Nirmala, W/o Late Ved Praksh Sharma, R/o Room No. 296, RCS Colony Type II, Building No. 21, Chambur-400074. 6. Smt. Sangeeta Sharma, D/o Late Ved Praksh Sharma, R/o Room No. 296, RCS Colony Type II, Building No. 21, Chambur-400074. 7. Smt. Sunita Sharma, D/o Late Ved Praksh Sharma, R/o Room No. 296, RCS Colony Type II, Building No. 21, Chambur-400074. 8. Smt. Tripta Anand Sharma, D/o Late Ved Praksh Sharma, R/o Room No. 296, RCS Colony Type II, Building No. 21, Chambur-400074. 9. Ms Meenu Sharma, D/o Late Ved Praksh Sharma, R/o Room No. 296, RCS Colony Type II, Building No. 21, Chambur-400074. 10. Ms. Meenakshi Sharma, D/o Late Ved Praksh Sharma, R/o Room No. 296, RCS Colony Type II, Building No. 21, Chambur-400074. 11. Ms. Poonam Sharma, D/o Late Ved Praksh Sharma, R/o Room No. 296, RCS Colony Type II, Building No. 21, Chambur-400074. 12. Shri Rajesh Kumar Saini, S/o Sh. Nathu Ram Saini, R/o H. No. 281, Hari Nagar Ashram, New Delhi-110014. ….Respondents Through: Nemo. Coram: HON'BLE MR. JUSTICE V.B. GUPTA 1. Whether the Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to Reporter or not? No 3. Whether the judgment should be reported in the Digest? No V.B.Gupta, J. This petition under Article 227 of the Constitution of India has been filed on behalf of petitioners seeking quashing of orders dated 7th August, 4th September, and 8th September, 2010, passed by Additional District Judge, Delhi. 2. Brief facts as emerges from record are that in year 1997, a suit for partition of property bearing no. 240, Hari Nagar, Ashram, Delhi was filed by respondents no. 1 to 3 against petitioner no. 1 and respondents no. 4 to 11. 3. Petitioner no. 1 (since deceased) was proceeded ex-parte in the suit. A preliminary decree was passed by Additional District Judge, Delhi on 15th January 1998 and a Local Commissioner was appointed to visit the spot and partition the suit property. 4. On 30th July, 1998, Additional District Judge passed the final decree for partition on the basis of report submitted by the Local Commissioner. 5. Since, respondents/decree holders did not pay the fee of the Local Commissioner, therefore, Local Commissioner, could not visit the suit property as directed. On 13th December, 2005, application of respondents/decree holders was dismissed for non prosecution. 6. During pendency of the proceedings, Smt. Lado Devi (respondent no.1) died. However, in her life time she bequeathed her share in the property to respondent no. 2 (Smt. Kusum Lata) vide registered Will. Now, Smt. Kusum Lata holding two shares i.e. 1/6th of herself and 1/6th of Smt. Lado Devi,