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2008 Supreme(Del) 1043

MANMOHAN SINGH, A.K.SIKRI
Ram Chandra Sabharwal – Appellant
Versus
Satish Chandra Sabharwal – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: A.K. Mata, Sr. Adv., J. Sarma and R. Tyagi, Advs.
For Respondents/Defendant: H.L. Tikku, Sr. Adv., Yashmeet and Anupama, Advs.

JUDGMENT

A. K. Sikri, J.

.1. The respondent Nos. 1 & 2 herein have filed Probate Case No. 29/2006 on the Original Side of this Court. In the said petition, probate is sought on the basis of purported Will dated 4. 6. 1990 allegedly executed by Late Shri Shadi Lal Sabharwal. This Will is in respect of two properties owned by the testator: (a) Quarter Nos. 129-130, Vasdev Nagar, Andha Mughal, Pratap Nagar, Delhi – 110 007; and (b) Shop bearing No. 1A, Qutab Road, Delhi – 110 006, wherein business in the name and style of M/s. Lok Seva Store is carried out. The petitioners (i. e. respondent Nos. 1 & 2 herein), also filed an application (IA No. 5548/2006) under Order XXXIX Rule 1 & 2 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) seeking ad interim injunction. It was alleged in this application that the respondent No. 1 herein is in settled possession of the Qutab Road shop since 1973 and likewise the respondent No. 2 is in settled possession of the residential house at Vasdev Nagar since 1950. It was alleged that the appellant Nos. 1 & 2 herein (respondent Nos. 3 & 4 in the probate case) were threatening to dispossess the said respondents from the aforesaid properties. The le






































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