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2009 Supreme(Del) 957

MANMOHAN SINGH
Preetinder Singh Thapar – Appellant
Versus
Hardeep Singh Thapar – Respondent


Advocates:
Advocate Appeared:
Mr. V.K. Makhija, Sr. Adv. with Mr. Akshay Makhija, Mr. Vikas Bhadauria and Ms. Roma Bhatara, Advs.
Mr. J.P. Sengh, Sr. Adv. with Mr. Mayank Yadav, Adv. for Defendant No.4
Mr. Bipin Kumar Sharma, Adv. For Kotak Mahindra Bank Ltd. in IA No.3855/2009

JUDGMENT

MANMOHAN SINGH, J.

1. By this application under Order VI rule 17 CPC, the plaintiff (hereinafter referred to as the „applicant?) seeks leave to amend the plaint by incorporating new paragraphs as mentioned in the application. In substance, the applicant is seeking the new relief of cancellation of the sale deeds dated 16th January, 2003 and 23rd April, 2007 relating to the fact that defendant No.1 had no right to sell any portion of the property No.A-78, Malviya Nagar, New Delhi, and the same are null and void as the same are in the teeth of status-quo order dated 12th January, 1983 granted qua the suit property in W.P.(C) No.16/1983, wherein the plaintiff and defendant Nos.1 and 2 were also parties in the capacity of petitioners.

2. The plaintiff has filed the original suit for declaration, pre-emption of sale, cancellation of sale deeds and permanent injunction. Following are the prayers made in the plaint:-

“a) pass a declaratory decree in favour of the plaintiff and against the defendants that property bearing No.A-78, Malviya Nagar, New Delhi comprising of Ground Floor/First Floor/Second Floor (partly constructed) is joint property of plaintiff, defendants No.1 and 2 a






























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