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2008 Supreme(Del) 417

S.RAVINDRA BHAT
Ajit Singh – Appellant
Versus
Adarsh Kaur Gill – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: Madan Bhatia, Sr. Adv. and M.L. Bhargava, Adv.
For Respondents/Defendant: C.A. Sundaram, Sr. Adv., Malavika Rajkotia and Bandan Kumar, Advs.

JUDGMENT

S. Ravindra Bhat, J.

1. This order will dispose off IA No. 1604/99 moved under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereafter "the CPC") through which the Defendants seek an order rejecting the plaint. The defendant has sought for rejection of this suit on the ground that it is barred in law, as the claims are time barred.

.2. The plaintiff, in the present suit, has sought the following reliefs:

.(a) Pass a preliminary decree of partition of the property bearing No. 3, south end Road, New Delhi, more particularly shown ion, the plan, and, thereafter, pass a final decree partitioning the said property by mete and bounds and put each of the parties to the suit in actual physical possession of the portion of the property allotted to him/her. If the partition of the property by metes and bounds is not feasible, then the property by metes and bounds is not feasible, then the property may ordered to be sold by public auction through Court and proceeds thereof be divided between the parties to the suit in accordance with their share and entitlement;

.(b) Pass a preliminary decree for partition of the movable assets belonging to the estate of Smt. Abnash Kaur, as


























































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