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2007 Supreme(Del) 1454

MUKUNDAKAM SHARMA, SANJIV KHANNA
PRAKASH KAUR – Appellant
Versus
K. G. RINGSHIA – Respondent


Advocates Appeared:
J.S.RUPAL, Mohinder, RUCHI SINDHVANI

SANJIV KHANNA, J, J.

( 1 ) AS similar legal issues arise for consideration in the present appeals, viz. FAO (OS) No. 4/1998 Ms. Prakash Kaur versus K. G. Ringshia and Everest construction Company versus Ms. Prakash Kaur in FAO (OS) No. 213/1990, they are being disposed of by this common order. The question raised in the present appeals is regarding territorial jurisdiction of the courts in Delhi to entertain the suits for declaration filed by the respondent in FAO (OS) No. 213/1990 and the appellant in FAO (OS) No. 4/1998. The appellant in FAO (OS) No. 4/1998 and the respondent in FAO (OS) No. 213/1990 is the same person namely Ms. Prakash Kaur, now represented by her legal representatives. The question pertaining to territorial jurisdiction has been decided on the preliminary objection raised by the appellant in FAO (OS) No. 4/1998 and respondent in fao (OS) No. 213/1990. It may be stated here that parties had not led evidence and the aforesaid question was decided by the learned Single Judge on the basis of the facts and averments made in the plaint itself. At this stage and for deciding the present appeals, the averments and facts stated in the written statement are irrelevant a























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