ADITYA GUPTA Vs. NARENDER GUPTA

JUDGEMENT

(1.) The present is an application on behalf of the plaintiff under Order 39 Rule 1 and 2 read with Sec. 151 CPC for ex-parte ad-interim injunction with prayer for staying further proceedings of the case as initiated by parents of the plaintiff against the plaintiff under Sec. 23 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ("Senior Citizens Act"). The present application prays for the following:-

(2.) The defendant no. 1 and 2 are the father and mother of the plaintiff herein. The defendants had initiated proceedings under Sec. 23 of the Senior Citizens Act against their son by filing a complaint dtd. 24/7/2019 before the Maintenance Tribunal. The said complaint was filed on the basis of physical and mental abuse levelled by the plaintiff on his parents i.e. defendant nos. 1 and 2 herein. Thus, defendant nos. 1 and 2 have sought assistance of the Maintenance Tribunal in removing the plaintiff from the suit property, where the parties are jointly residing.

(3.) Subsequently, the present suit was filed by the plaintiff against his parents for declaration that the suit property is a Hindu undivided family (HUF) property and that plaintiff has got coparcenry rights in the same. The plaintiff is further seeking partition of the property. The prayers as made in the present suit are as follows:-