Veena Bhatnagar & Anr v. Pradeep Kumar Bhatnagar & Ors

1. The suit is at the stage of admission. On the last date of hearing, counsel for the plaintiffs had stated that the talks of settlement had broken down between the parties.

2. Pertinently, the present suit has been instituted by the plaintiffs No.1 and 2 against the siblings of the deceased husband of the plaintiff No.1 and the father of the plaintiff No.2 praying inter alia that the clause contained in the will dated 11.08.2011, executed by late Shri O.P. Bhatnagar (father-in-law of the plaintiff No.1 and grandfather of the plaintiff No.2) be declared as null and void and defendant No.1 be directed to allow all the beneficiaries of the will including the plaintiffs to participate in the sale of the suit premises. 2015:DHC:9087 CS(OS) 1134/2013

3. Learned counsel for the plaintiffs states that after institution of the present suit, the captioned will was probated vide order dated 29.09.2015 passed in a probate petition filed by the defendant No.1, registered as Probate Case No.15/2013. He states that in the meantime, the plaintiffs have vacated the suit premises as directed under the will and now all the parties are trying to make efforts to identify a suitable purchaser of the suit premises. It is submitted that in this background, the plaintiffs may be permitted to withdraw the present suit while reserving their rights to seek their legal remedies in the event the suit premises is not sold by the defendant No.1 in terms of the will or the same is not partitioned.

4. Leave, as prayed for, is granted. The suit is disposed of alongwith the pending application. HIMA KOHLI, J NOVEMBER 02, 2015 rkb