GOUTAM BHADRA Vs. GOURI BHADRA

JUDGEMENT

(1.) HAVING heard learned counsel for the appellants we find no case made out to even issue a notice in the appeal which lays a challenge to an order dated February 19, 2014 passed by a learned Single Judge of this Court in CS (OS) No.1525/2012 passing a preliminary decree declaring the respondents and appellant No.1 to be having 1/3rd share each in property No.D -690, Chitranjan Park, New Delhi.

(2.) LATE Sh.Prosun Kanti Bhadra was the owner of property No.D -690, Chitranjan Park, New Delhi. He died intestate on June 21, 2003. He was survived by his wife Ms.Gouri Bhadra, daughter Ms.Swapna and son Sh.Goutam Bhadra.

(3.) THE appellants filed a written statement admitting that the suit property was the self acquired property of the deceased who died intestate on June 21, 2003. Admitting the relationship of the parties as pleaded in the plaint the right of the respondents was refuted by pleading a defence under Section 23 of the Hindu Succession Act, 1956 and secondly on the plea that 'a consensus family settlement had taken place in the year 1992 during the life time and under the guidance of the deceased '. It was pleaded that as per the settlement the property in question was agreed to be belonging to the first appellant. It was further pleaded that as per the consensus family settlement the respondent No.2 i.e. the daughter of the deceased was given financial help to purchase a flat at Noida. Thirdly on the plea that during his life time the deceased had made a declaration that the property shall devolve on appellant No.1.