Full Order Text
Order 5 · 09 Jun 2025 · CNR DLNE010035952024
Order Details: COPY OF ORDER Pdf Text: 7 CS 421/24 MAHIMA ROHATGI Vs. SARITA ROHATGI 09.06.2025 Present: Ld. Counsel for plaintiff with plaintiff. Defendants in person. Plaintiff has still not complied with para 9 of order dated 24.03.2025. Opportunity sought. Last opportunity granted. Plaintiff has filed her affidavits of admission/denial. D-1 and D-2 have filed their affidavits of admission/denial on 29.05.2025. Copies exchanged. Defendants in their respective affidavits have admitted photocopies of GPA, agreement to sell, possession letter, payment receipt, affidavit and Will and thus, they are exhibited as Ex. P1 to Ex. P6. They have also admitted reply to legal notice dated 25.10.2024 and a Will of Narender Kumar Rohatagi dated 19.10.2016. The said documents are exhibited as Ex.P7 to Ex.P8. The other documents are denied. The documents filed by defendants are denied by the plaintiff. Thus, admission/denial stands complete. Based on the pleadings of the parties the following issues are framed:- i) Whether the plaintiff is entitled to a decree of partition as prayed for in prayer (a) of the plaint? OPP ii) Whether the plaintiff is entitled to a money decree as prayed for in prayer (b) of the plaint? OPP iii)Whether the defendants have paid a sum of Rs. 14,44,723/- to plaintiff and her husband as loan? If yes, whether the said money was eventually treated by plaintiff as consideration for waiving/giving up her rights, -- 1 of 2 -- title and interest in the suit property in 2012? If yes, its effect? OPD iv) Relief. No other issue arises from the pleadings of the parties or is pressed for. Parties are directed to file their list of witnesses within 2 weeks from today. Plaintiff to file affidavits in evidence of all her witnesses at least 15 days prior to the next date of hearing with advance copy to other side. List for PE on 15.09.2025 and 16.09.2025. Aashish Gupta DJ-01/NE/KKD/DELHI 09.06.2025 -- 2 of 2 --