Maya Kapoor & ANR. v. State & ORS.

$~O-13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TEST.CAS. 67/2018 MAYA KAPOOR & ANR.

..... Petitioners Through:

Mr.Vivek Srivastava and Mr.Milind Srivastava, Advocates for petitioners versus STATE & ORS.

..... Respondents Through:

Ms.Saumya Tandon, Advocate for R-1 Mr. S. S. Dhir, Advocate for R-2 Mr.Ajay Kapoor, Senior Advocate with Mr.Premtosh Mishra and Mr.Mayank Tripathi, Advocates for R-3

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 06.12.2018 TEST.CAS. 67/2018 1.

Issue notice to defendants No.2 and 3. Learned counsel for defendants No.2 and 3 accepts notice and submit that Test Case 64/2016 titled "Atul Gupta v. State" relating to the estate of Dr. Vimala Lal is pending before this Court and this suit can proceed only if the petitioners succeed in Test Case 64/2016.

2.

This suit is disposed of with liberty to the petitioners to revive the same if they succeed in Test Case 64/2016.

I.A. 15232/2018 3.

Issue notice. Learned counsel for defendants No.2 and 3 accepts notice. Defendant No.2 and 3 are directed to maintain status quo with

respect to title and possession of the estate of late Dr. Vimala Lal till the disposal of Test Case 64/2016. However, defendants No.2 and 3 are at liberty to let out the suit property on the condition that they shall maintain proper accounts and file the same annually before this Court in Test Case 64/2016. The respondents are directed to file the present status of the estate of late Dr.Vimala Lal within two weeks in Test Case 64/2016. 4.

The application is disposed of in the above terms. 5.

Copy of this order be given dasti to counsels for the parties under signatures of the Court Master.

J.R. MIDHA, J.

DECEMBER 06, 2018 ds