Kamal Talwani v. Manohar Lal & ORS

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IN THE HIGH COURT DELHI AT NEW DELHI

+ CS (OS) 20/2013 KAMAL TALWANI .... Plaintiff Through:

Mr. C. Mishra, Advocate.

versus MANOHAR LAL & ORS.

.... Defendants Through:

Mr. Chander Shekhar, Advocate.

CORAM: JUSTICE S.MURALIDHAR

O R D E R

% 26.08.2016 CS (OS) No.20/2013

1. The following issues are framed:

i. Whether the suit property is a Hindu Undivided Property as claimed by the Plaintiff?

OPP ii. Whether the Plaintiff is entitled to get any relief in the present suit even after the fact that the Will was executed by the mother of all the parties?

OPD iii. Whether the suit of the Plaintiff is liable to be dismissed on account of concealment of material facts?

OPD iv. Whether the suit of the Plaintiff has been correctly valued for the purposes of court fee?

OPP v. Relief.

2. No other issue is pressed.

3. At this stage learned counsel for the Plaintiff confirms that the valuation of the suit for the purposes of court fee is Rs.50 lakh since he is claiming only 1/10th share in the suit property.

4. In that view of the matter, the suit needs to be transferred to the court of appropriate jurisdiction, which the learned counsel for the parties state is the District Judge, New Delhi, i.e., Patiala House Courts.

5. The suit be listed before the District Judge, New Delhi (Patiala House Courts) on 3rd October, 2016.

IA Nos.194/2013 & 1420/2013

6. The interim order dated 27th February 2013 is made absolute during the pendency of the suit.

7. The applications are disposed of.

AUGUST 26, 2016 S. MURALIDHAR, J.

b'nesh