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2009 Supreme(Del) 625

RAJIV SAHAI ENDLAW
RAJWANTI – Appellant
Versus
KISHAN CHAND SHEHRAWAT – Respondent


Advocates appeared
Mr. Sudhir Nandrajog, Sr. Advocate with Mr. Manish Jain, Advocate for the plaintiffs of Kings & Alliance Advocates.
Ex-parte

Judgment

RAJIV SAHAI ENDLAW, J (ORAL)

1. The suit has been filed for (i) declaration of the consent decree and order dated 7th December, 2004 decreeing the suit in terms thereof, of the court of the Additional District Judge, Delhi as null and void, and for (ii) declaring the agreement to sell and other agreements/rectifications/power of attorney, all with respect to the property, subject matter of the consent decree and in pursuance thereto, as null and void, and for (iii) possession of the property subject matter of the compromise decree, and for (iv) permanent injunction etc. against the defendants.

2. The suit came up first on 18th May, 2009 when doubt was expressed by this Court as to the maintainability of the suit owing to the provisions of Section 47, Order 23 Rule 3A of the CPC as well as on the aspect of limitation. On the request of the senior counsel for the plaintiff the matter was posted for today.

set aside a decree on the ground that the compromise on which the decree is passed was not lawful.

4. The case of the plaintiffs shorn of details is that the plaintiff No. 1 was allotted plot No.85, Block D, admeasuring 350 sq. meters at Rangpuri by the DDA in lieu of her ac








































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