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2009 Supreme(Del) 930

ARUNA SURESH
SUKHBIRI DEVI – Appellant
Versus
UOI – Respondent


Advocates Appeared:
Mr. J.C. Mahindroo, Advocate
Mr. S.D. Singh, Advocate for defendant No. 5. Mr. Pawan Mathur, Adv. for DDA.

JUDGMENT

ARUNA SURESH, J.

1.The appellants (hereinafter referred to as plaintiffs) filed a suit for declaration with consequential relief of injunction against the respondents (hereinafter referred to as defendants) seeking decree of

declaration declaring that plaintiffs are the co-owners in the allotment of the suit plot No.13, Type A-1, Sector-26, Rohini, New Delhi and that defendant No. 5 is not the exclusive owner of the said plot in suit. Plaintiffs further sought relief for permanent injunction seeking restraint order against the defendant No.5 from selling, conveying, transferring or alienating the said plot to anyone whosoever and for restraining defendants No.1 to 4 from delivering the physical possession and the titles of the said plot to defendant No.5 or his nominee. The said suit was dismissed by the trial court vide its judgment and decree dated 13.5.2005. Against this order, plaintiffs filed first regular appeal before the Additional District Judge. The said appeal was dismissed by the appellate court vide its judgment dated 8.12.2006. Aggrieved by the judgment of the first appellate court, the second appeal has been filed by the plaintiffs under Section 100 of























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