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2011 Supreme(Del) 21

RAJIV SHAKDHER
GULAB SINGH – Appellant
Versus
HARI SINGH – Respondent


Advocates Appeared:
For the Plaintiffs:Mr. H.K. Sharma, Advocate for Gulab Singh in CS(OS) Nos. 1099/1983 and 1138/1987. Mr. J.K. Jain, Advocate for Har Chain Singh in CS(OS) No. 2996/1988.
For the Defendants:Mr R.P. Aggarwal & Ms Sandhya, Advocates for Ramesh Kumar, Defendant No. 3 in CS(OS) 1099/1983, Defendant No. 6 in CS(OS) 1138/1987 and Defendant No. 4 in CS(OS) 2996/1988. Mr Ashok Kumar Sharma, Advocate for Rajbir Singh, Defendant No. 2 in CS(OS) 1099/1983, Defendant No. 5 in CS(OS) 1138/1987 and Defendant No. 5 in CS(OS) 2996/1988. Mr Sandeep Sethi, Sr. Advocate with Mr S.N. Gupta, Advocate for LRs of Hari Singh, Defendant No. 1 in CS(OS) 1099/1983, Defendant No. 4 in CS(OS) 1138/1987 and Defendant No. 6 in CS(OS) 2996/1988. Mr Mahesh Kumar, in person, Defendant No. 4 in CS(OS) 1099/1983, Defendant No. 7 in CS(OS) 1138/1987 and Defendant No. 3 in CS(OS) 2996/1988. Mr Deepak Khadaria, Advocate for defendant Nos. 1,2&3/DDA in CS(OS) 1138/1987 and Defendant Nos. 1&2/DDA in CS(OS) 2996/1988. Mr H.K. Sharma, Advocate for Gulab Singh, Defendant no. 7 in CS(OS) 2996/1988.

RAJIV SHAKDHER, J

1. I propose to dispose of the captioned suits by a common judgment for the reason that not only are all parties in the captioned suits [except the Delhi Development Authority (hereinafter referred to as „DDA)] members of one family but also that the court, by order dated 05.09.1990 passed in FAO (OS) 280/1989, directed consolidation of the said suits, and the evidence by observing that evidence will be led in suit No. 2996/1988. In addition to this, property being: 17, Ashok Vihar Community Centre, Delhi – 110 052 (hereinafter referred to as the „Ashok Vihar Property), over which the core dispute centres, is common to the captioned suits. It is perhaps with this background that the court, by order dated 02.07.1996, passed in suit no. 2996/1988 framed common issues.

2. The first two suits, that is, suit no. 1099/1983 and suit no. 1138/1987 have been filed by the same person, i.e, one Gulab Singh, while suit no. 2996/1988 has been filed by his uncle (i.e., his fathers brother), namely, Har Chain Singh. For the sake of convenience, I will be referring to suit nos. 1099/1983, 1138/1987 and 2996/1988 as: the 1983 suit, the 1987 suit and the 1988 suit respectivel












































































































































































































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