Poonam Devi v. Neeraj Yadav & ORS

$~15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 738/2014 and I.A. 4711/2014, 4712/2014 POONAM DEVI ..... Plaintiff Through:

Mr. Pranav Jain, Adv. (9873333064) versus NEERAJ YADAV & ORS ..... Defendants Through:

None.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 29.04.2024 1.

This hearing has been done through hybrid mode. 2.

The present suit has been filed by the Plaintiff-Ms. Poonam Devi inter alia seeking a decree of partition and permanent injunction in favour of the Plaintiff for the following properties (hereinafter, 'suit properties'):- "i) HOUSE NO.4, IN FRONT OF KRISHNA MANDIR, MAIN NAJAFGARH ROAD, NANGLOI, DELHI110044 AREA MEASURING 800 SQ.YDS.

ii) PLOT NO. F-1, NEAR HERO SHOWROOM, RAJENDRA PARK, HONDA LAKRI MARKET, MAIN ROHTAK ROAD, NAGLOI,, DELHI-110041 AREA MEASURING 799 SQ.YDS.

iii) PLOT NO. F-99, NEAR HERO SHOWROOM, RAJENDRA PARK, HONDA LAKRI MARKET, MAIN ROHTAK ROAD, NANGLOI, DELHI-110041 AREA MEASURING 800 SQ.YDS.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/05/2024 at 12:27:47

iv) HOUSE NO.2/87, KHASRA NO.14/16, VEENA ENCLAVE, NANGLOI, DELHI, AREA MEASURING 100 SQ.YDS.

v) PLOT NO.27/11-B, RAJENDRA PARK EXTN.- 05, NEAR GANDA NALA, KAMRUDDIN NAGAR, RAJENDRA PARK, DELHI-110041 MEASURING 125 SQ. YDS. AREA."

3.

According to the Plaintiff, she was the second wife of late. Sh. Ashwani Kumar residing at A-70, Veena Enclave, Ratan Park, Nangloi, New Delhi. Further, it is stated that the Plaintiff got married to Late Sh. Ashwani Kumar on 31st December, 2004, after the death of his first wife Smt. Kanta Devi. The Defendants in this case are the children of late Sh. Ashwani Kumar through his first wife.

4.

It is submitted by the ld. Counsel for the Plaintiff that the suit is at the stage of evidence. However, the Plaintiff has passed away intestate on 18th August, 2022. According to ld. Counsel, the Plaintiff does not have any legal heir.

5.

In this view of the matter, the suit itself would abate. 6.

The suit is dismissed as such. Pending applications also stand disposed of as having become infructuous.

PRATHIBA M. SINGH, J APRIL 29, 2024 A/RKS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/05/2024 at 12:27:47