Harish Suri v. Additional Civil Judge

Judgment

1. The present petition under Article 227 of the Constitution of India has been filed by the petitioner-Harish Suri for expeditious disposal of the

application dated 04.03.2025 filed by the defendant-Pravesh Kumari Grover in Suit No.342 of 2015 (Dr. Sushil Suri vs Harish Suri and others) connected with Regular Suit No.1364 of 2012 (Dr. Sushil Suri vs Harish Suri and others). The respondent no.2-Dr. Sushil Suri has been arrayed as a party respondent in the present petition in terms of the descriptions of the parties contained in both the suits. The petitioner and the respondent no.2 are the real brothers.

2. It transpires from the record that the father of the petitioner as well as the respondent no.2, late Govind Ram Suri owned substantial properties in the city of Lucknow. Subsequently, after his death, the disputes arose in between the real brothers, which led to filing of Regular Suit No.1364 of 2012 and Regular Suit No.342 of 2015. In the said suit, 2 the petitioners, his family members and the sisters were arrayed as a parties. As the suit was getting delayed, the petitions under Article 227 has been filed for expeditious disposal of the aforesaid suits.

3. It also transpires from the record that earlier this Court had passed an order in the Matter Under Article 227 No.5475 of 2024 for expeditious disposal of the Regular Suit No.1364 of 2012 and Regular Suit No.342 of

2015. Subsequently, the present petition has been filed.

4. At the time of hearing, a proposal was given with regard to the exploring possibilities of amicable settlement in between the parties, as admittedly the properties, which are the subject matter of the suits, are owned by the same family.

5. The petitioner, on the one hand, lays claim to the properties by virtue of the registered Wills executed in his favour by late Sri Govind Ram Suri and Smt. Sushila Suri, the respondent, on the other hand, denies the veracity of the Will and claims succession to the properties, which were left by late Govind Ram Suri which were his self acquired properties.

6. The details of the properties, which are the subject matter of the suits, are (i) the property situate at Faizabad Road, behind Central Bank of India, Lucknow is admeasuring area 9000 (nine thousand) sq.ft.; (ii) the property comprising of Khasara Nos.146 and 147 situate at Village Ghazipur Saidul Nisha, Tehsil and District Lucknow admeasuring area 1025.28 sq.m. which equivalent to 11032 sq.ft.; (iii) the commercial property at plot no.11/CP-1 situate at Sector- 11, Vikas Nagar, Lucknow, admeasuring area 1938.96 sq.m., which equivalent to 21000 sq.ft, which was allotted by the Avas Vikas 3 Parishad, Lucknow in favour of the father of the petitioner and the respondent no.2 and the boundaries are also disclosed in Suit No.342 of 2015. In addition to these properties, the properties of Shop/ Godown Nos.41 and 42 Janpath Market (Basement), Hazratganj, Lucknow is also the subject matter of another Suit No.684 of 2016 (Dr. Sushil Suri vs Harish Suri).

7. The details of the parties of Suit No.1364 of 2012 (Dr. Sushil Suri vs Harish Suri and others) are as under: “Dr. Sushil Suri, aged about 51 years s/o late Govind Ram Suri, R/o 826, Indira Nagar Lucknow ….. Plaintiff Versus

1. Harish Suri aged about 58 years S/o Late Govind Ram Suri. 2. Gaurav Suri aged about 32 years S/o Sri Harish Suri. Both are resident of A-4, Faizabad Road, Behind Central Bank of India, Lucknow. 3. Smt. Sushila Suri aged about 82 years wife of Late Govind Ram Suri R/o 4A, Faizabad Road, Lucknow. (Deceased) 4. Smt. Parvesh Kumari ‘now’ Smt. Parvesh Grover wife of Dr. Shiv Dayal Grover D/o late Govind Ram Suri, resident of House No.A-9/A, Niral Nagar, Lucknow 5. Smt. Parveen Bhasin wife of Sri Yogesh Bhasin D/o Late Govind Ram Suri R/o House No.117/M/38, Kakadev, Kanpur. 6. Smt. Pramod Bahari wife of Late Sri Sanjeev Bahari D/o Late Govind Ram Suri, R/o House No.120/337, Lajpat Nagar, Kanpur. ….. Defendants”

8. Similarly, the details of the parties as arrayed in Suit No.342 of 2015 (Dr. Sushil Suri vs Harish Suri and others) are as under: “Dr. Sushil Suri, aged about 53 (Fifty three) years s/o late Govind Ram Suri, R/o A28 (Twenty six), Indira Nagar, Faizabad Road, Lucknow ….. Plaintiff Versus 1. Harish Suri aged about 60 (sixty) years S/o Late Govind Ram Suri. 4

2. Smt. Sushila Suri aged about 84 (eighty four) years wife of Late Govind Ram Suri(now deceased) Both are resident of 4(four)-A, Faizabad Road, Behind Central Bank of India, Lucknow. (Deceased) 3. Smt. Parvesh Kumari aged about 65 (sixty five) years wife of Dr. Shiv Dayal Grover D/o late Govind Ram Suri, resident of House No.A-8 (nine)/ A, Nirala Nagar, Lucknow. 4. Smt. Parveen Bhasin aged about 58 (fifty eight) years wife of Sri Yogesh Bhasin D/o Late Govind Ram Suri R/o House No.117/M/38 (thirty eight), Kakadev, Kanpur, U.P. 5. Smt. Pramod Bahari aged about 55 (fifty five) years wife of Late Sri Sanjeev Bahari D/o Late Govind Ram Suri, R/o House No.120 (one hundred twenty)/337 (three hundred thirty seven), Lajpat Nagar, Kanpur, Uttar Pradesh. …….. Defendants”

9. The details of parties of Suit No.684 of 2016 are also as under: “Dr. Sushil Suri, aged about 55 years, S/o late Shri Govind Ram Suri resident of A-26 Indira Nagar, Faizabad Road, Lucknow …. Plaintiffs Versus 1. Mr. Harish Suri aged about 63 years, S/o late Sri Govind Ram Suri resident of 4-A Faizabad Road, Behind Central Bank, Mahanagar, Lucknow. 2. Lucknow Development Authority, through its Vice Chairman, Vipin Khand, Gomti Nagar, near INOX Mall, Lucknow. 3. Mr. Satish Kumari Gulati, aged about 58 years, S/O Late R.P. Gulati, Resident of 6/46, Vinay Khand, Gomti Nagar, Lucknow ….. Defendants”

10. On the efforts made with the help of Advocates Ms. Nandita Bharti and Mr. Manoj Kumar Dwivedi, who have displayed considerable maturity in explaining their clients in continuing fruitless litigation, in which, they are engaging. After considerable efforts by both the counsel, the parties have reached at an amicable family settlement. 5

11. It also transpires from the record that in respect of three properties, which are subject matter of Suit No.1364 of 2012 and Suit No.342 of 2015, an injunction is operating, which was issued by the trial court. It also transires from the record that an order was passed by Hon’ble Supreme Court in Special Leave to Appeal (C) No.18771 of 2017 for expeditious disposal of the said suits and continuance of injunction till disposal of suit.

12. Following is the gist of settlement arrived at in between the parties. It has been agreed by Harish Suri that he would be paying an amount of Rs.7,00,00,000/- (rupees seven crore only) to Dr. Sushil Suri. In addition to the said amount, Sri Harish Suri would also pay an amount of Rs.80,00,000/- (rupees eighty lakh only) to Smt. Parvesh Kumari, now Smt. Parvesh Kumari Grover wife of Dr. Shiv Dayal Grover for full and final settlement of the suit properties. Smt. Parvesh Kumari Grover is the real sister of the petitioner and the respondent no.2.

13. On payment of the abovesaid amounts, all the properties referred above and subject matter of the three suites being Suit No.1364 of 2012, Suit No.342 of 2015 and Regular Suit No.684 of 2016 will be exclusively owned by Harish Suri.

14. Similarly Sri Gaurav Suri, Smt. Praveen Bhasin and Smt. Pramod Bahari also agree for themselves and their successors accept will that the properties in question were self acquired property of late Govind Ram Suri and also accept the genuineness of both the Wills.

15. Dr. Sushil Suri agrees for himself and his successors that the properties in question were self acquired properties of his father Late Govind Ram Suri and further that the Will dated 11.06.2004 executed by late Govind Ram Suri and Will dated 10.01.2014 executed by Smt. Sushila Suri in favour of Harish Suri are genuine and on the basis of family settlement as stated above, both the Wills shall never be put to 6 challenge on the amount referred above being paid to Dr. Sushil Suri. Smt. Parvesh Kumari Grover for herself and her successors also accepts that properties in question were self acquired properties of her father Late Govind Ram Suri and also accepts the genuineness of the Wills and does not challenge the veracity of the Will which are the subject matter of the said three suits.

16. Shri Harish Suri agrees that the entire amount of Rs.7,00,00,000/- (rupees seven crore only) shall be paid to Dr. Sushil Suri within a period of four months i.e. by 31.01.2026. As a token of confidence building measure Sri Harish Suri shall deposit an amount of Rs1,00,00,000/- (rupees one crore only) though demand draft/ Banker’s Cheque in favour of Dr. Sushil Suri , however, the said amount shall be tendered before this Court, which shall be kept under the custody of this court..

17. After the said deposit is made and the affidavits are filed by all the parties, Dr. Sushil Suri would be at liberty to move an appropriate application for withdrawal of the said amount, which shall be decided by this Court depending upon the stage where family settlement is reached and the compliances made by the parties in respect of the settlement agreed upon.

18. On payment of the abovesaid amount, the injunction granted in respect of the three properties shall continue, however, injunction in respect of Khasra Plot No.11/CP-1 situate at Sector-11, Vikas Nagar, Lucknow shall be vacated and Harish Suri would be entitled to take steps for selling/ developing/ using for any other purpose/and in any other manner the said property in the manner which he deems fit without any objection of the parties. Harish Suri shall pay the balance amount of Rs.6,00,00,000/- (rupees six crore only) on or before 31.01.2026 by tendering the amount in the form of pay order/ demand draft before this Court in favour of Dr. Sushil Suri and pay order/ demand draft of Rs.80,00,000/- in favour of Smt. Pravesh Kumari Grover. 7

19. In case, the amount as directed above are deposited on a date prior to the said date, this Court shall pass final orders on the final amounts being paid, as recorded above.

20. Sri Harish Suri shall also pay the amount in tranches as and when it is received by him at the time of dealing with the properties,by tendering the same before this court, in the manner outlined and recorded in the family settlement.

21. On payment of the amounts as indicated above in full and final, allthe three suits shall stands disposed off on the basis of the compromise/ family settlement arrived herein and referred above.

22. In addition to the abovesaid suits, Criminal Case No.27380 of 2018 (State of U.P. vs Sagar Suri) pending in the Court of ACJM-2, Court No.26, Lucknow arising out of FIR No.485 of 2017, under Sections 452,325,323,504,506 IPC lodged by Gaurav Suri son of Harish Suri against Sagar Suri son of Dr. Sushil Suri as well as Criminal Case No.24588 of 2021 (State of U.P. vs Gaurav Suri) pending in the Court of ACJM-2, Court No.26, Lucknow arising out of FIR No.486 of 2017, under Sections 323,504, 506 IPC, Police Station Mahanagar, District Lucknow lodged by Sagar Suri against Harish Suri and Criminal Appeal No.2796 of 2023 (Gaurav Suri vs State of U.P.) and Application U/s 482 Cr.P.C. No.1923 of 2024 (Sagar Suri vs State of U.P.) would also stand quashed subject to the son of the petitioner, namely, Gaurav Suri and the son of the respondent no.2, namely, Sagar Suri filing their separate affidavits before this Court agreeing for quashing of the two FIRs by this Court. The said affidavits shall be filed before this Court on or before

29.08.2025.

23. The petitioner-Harish Suri, Gaurav Suri, Smt. Pravesh Kumari Grover, Smt. Praveen Bhasin and Smt. Pramod Bahri shall also file their separate affidavits on or before 29.08.2025 agreeing that the order passed 8 by this Court is binding on the said persons and they will not resile by the said family settlement. Similarly, the respondent no.2-Dr. Sushil Suri and Smt. Parvesh Kumari Grover shall also file separate affidavits indicating that the settlement as recorded above shall be binding on them and they would not resile from the said settlement that has been entered into in between the parties. The affidavits shall be filed on or before 29.08.2025.

24. Till the conclusion of the settlement further proceedings of Suit No.1364 of 2012, Regular Suit No.342 of 2015 and Regular Suit No.684 of 2016 shall remain stayed and shall be subject to the outcome of the order passed by this Court. Any issues arising in between the parties with regard to the conclusion /differences or clarifications of the family settlement shall be decided by this Court only on appropriate applications being filed by either of the parties.

25. In case Harish Suri after selling/ developing/ using in any other manners of the property does not honour the settlement as given before this Court, this Court shall consider passing suitable orders including passing of a decree in respect of the other property in favour of the other persons. Similarly in case any of the parties, claim any right after the conclusion of the settlement, the said issues shall also be raised by moving an appropriate application in the present case.

26. List this case on 29.08.2025 for passing further orders. August 22, 2025 akverma [Pankaj Bhatia, J.]