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2015 Supreme(SC) 829

T.S.THAKUR, R.BANUMATHI
BANWARI LAL – Appellant
Versus
BALBIR SINGH – Respondent


JUDGMENT :

R. BANUMATHI, J.

Leave granted.

2. This appeal arises out of the order dated 15.03.2013 passed by the High Court of Delhi dismissing the second appeal being RSA No.100 of 2008 as abated and also the interlocutory applications being CM Nos.6342/2008, 11811-11813/2009 and 1998/2012 to bring on record the legal representatives of the appellants herein.

3. Respondent-Balbir Singh filed a suit bearing No.369/1986 against one Banwari Lal and Swaraj for declaration and permanent injunction. Case of respondent-plaintiff is that he is the owner of parcel of land measuring 600 sq. yards, bearing plot Nos. 5, 6 and 7 out of Rect. No.42, Kila No.5/1 situated in the area of village Karawal Nagar, Delhi in the abadi of Prem Nagar Extn. Illaqua Shahara, Delhi. The aforesaid parcel of land is also claimed by late Banwari Lal contending that the land was purchased by him on 25.09.1985 from one Premlata and her husband Chander Prakash. The trial court initially dismissed the suit vide judgment dated 13.02.1997. In the appeal, the first appellate court set aside the judgment and decree passed by the trial court and the matter was remanded back to the trial court to decide the matter afresh.






















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