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2008 Supreme(Del) 797

RAJIV SAHAI ENDLAW
Surinder Kaur – Appellant
Versus
S. Rajdev Singh – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Arun Khosla, Adv. for Plaintiff No. 1 and Riju Raj Jamwal, Adv. for Plaintiff Nos. 2 and 3
For Respondents/Defendant: P.S. Khandelwal, Adv. for Defendant No. 1 and Ravinder Sethi, Sr. Adv., Ajoy Bhushan Kalia and Puneet Sharma, Advs. for Defendant No. 2

JUDGMENT

Rajiv Sahai Endlaw, J.

1. The plaintiff Nos 1 and 2 have filed this application under Order 23 Rule 3 CPC. The application is not signed by other parties, rather opposed by them. This order shall decide whether the suit can be decreed as sought by plaintiff Nos 1 and 2.

2. The plaintiffs have instituted the present suit for restraining the defendants from dispossessing the plaintiffs from estate bearing Municipal No. 124, Janpath, New Delhi and the building comprising of Hotel Imperial constructed thereon and for permanent injunction restraining the defendants from dealing with the said property and for declaration and other reliefs relating to running of hotel Imperial, New Delhi. The suit has been contested vigorously by the defendants. On 18th July, 2007, while hearing arguments on various pending applications, this Court gave the parties a chance of mediation and directed that counsel for both the parties shall hold a meeting and explore the possibility of mediation. Thereafter, the proceedings were adjourned from time to time on statement that conciliation attempts were being made. Thereafter, the matter was ordered to be taken in Chamber. On 17th November, 2007 the f

























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