Full Order Text
Order 7 · 11 Apr 2026 · CNR DLNE010004962025
Order Details: COPY OF ORDER Pdf Text: CS 71/25 SAROJ DEVI Vs. MANOJ GUPTA 11.04.2026 File taken up today in terms of notification dated 27.02.2026 of Hon’ble High Court of Delhi whereby 03.03.2026 was declared a holiday. Present: Ld. Counsel for plaintiff. Ld. Counsel for defendants. Plaintiff has not filed affidavit of admission/denial. Defendants have filed their affidavit of admission/denial. On the last date, a query was raised to the parties as to whether this suit can be consolidated with CS No. 436/24. After some arguments, it appears that both the suits should be tried separately. Plaintiff herein is seeking eviction of her son and his family (D-1 to D-4 herein) on the basis of a Will executed by her husband Jai Prakash Gupta dated 26.12.2018. In the said Will, the property bearing No. J-49/1, measuring 50 sq yards (new No. J-43/1) forming part of khasra No. 128, Vill. Ghonda Gujran Khadar, Gali No. 1, 4th Pushta, Suraj Gali, Main Road, Karktar Nagar, New Usmanpur, Delhi-110053 has been bequeathed to Praful Gupta and Pulkit Gupta with Saroj Devi also given right in the property. But, Praful Gupta and Pulkit Gupta are not suing the defendants seeking eviction. A question arises that if the Will is read as it is, can Saroj Devi maintain the suit of eviction against the defendants or not. The answer to this question is purely dependent on the interpretation of the Will and before issues are framed, if at all, plaintiff is called upon to clarify as to whether the suit can proceed in its present form or not. List on 15.07.2026. Aashish Gupta DJ-01/NE/KKD/DELHI 11.04.2026 -- 1 of 1 --