Manorama v. Sh. Mohan Lal Sharma

$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1874/2023 & CM APPL. 59030/2023 MANORAMA .....Petitioner Through:

Mr. Deepak Aggarwal, Advocates.

versus SH. MOHAN LAL SHARMA .....Respondent Through:

Mr. Nisarg Bhardwaj, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 07.08.2025 1.

Petitioner is defending a suit for injunction. 2.

As per the bare averments made in the suit, plaintiff Mr.Mohan Lal Sharma is seeking injunction on the basis of a Will dated 19.04.2014 left behind by his mother (since deceased) in his favour. 3.

According to plaintiff, he has become absolute owner of the property in question by virtue of the abovesaid Will.

4.

However, according to defendant, such Will is forged and fabricated. 5.

Initially, learned Trial Court had framed issue with respect to the Will in question and the onus was put upon the defendant to show that such Will was forged and fabricated one.

6.

The defendant, however, moved an application that the onus should have been shifted upon the plaintiff as the primary onus was on the plaintiff to show that such Will was valid and last Will as plaintiff is seeking his relief in the suit based on the abvoesaid Will.

7.

Learned Trial Court, however, deleted the abovesaid issue while CM(M) 1874/2023 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 11/08/2025 at 12:08:20

observing that there was no question of going into to the aspect of the validity of Will/Ownership or title of the plaintiff in the suit in question. 8.

Such order dated 25.02.2023 has been challenged by defendant. 9.

Admittedly, after the institution of the suit in question, the plaintiff has already filed a petition seeking grant of probate based on the abovesaid Will and such probate petition is pending adjudication before learned District Judge.

10.

After hearing arguments for some time, learned counsel for petitioner, without prejudice to his rights and contentions, does not press the present petition.

11.

He, however, submits that liberty may be granted to him to move appropriate application under Section 24 CPC, so that both the abovesaid cases are taken up and considered by one and the same Court, in order to avoid any conflicting judgments.

12.

Learned counsel for respondent/plaintiff also has no objection with respect to the above request.

13.

In view of the above, petition stands disposed of as not pressed. Liberty, as prayed, is granted 14.

All rights and contentions of parties are reserved. 15.

Pending application also stands disposed of in aforesaid terms. MANOJ JAIN, J AUGUST 7, 2025/sw/JS CM(M) 1874/2023 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 11/08/2025 at 12:08:20