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2014 Supreme(Del) 12

MANMOHAN SINGH
Paltoo Ram Since Deceased Thr Lrs – Appellant
Versus
Uma Devi – Respondent


Advocate Appeared:
For the Petitioners:V. Shekhar, Sr. Advocate with Vishal Saxena, Ms. Ashly Cherian, Advocates.
For the Respondent:Amarjit Singh, Advocate.

Judgment :

Manmohan Singh, J.

1. The petitioners have filed the present petition under Section 115 CPC against the order dated 17th December, 2012 whereby objection filed by the petitioners were dismissed with cost of Rs.10,000.

2. Admittedly, the predecessor-in-interest of the petitioners came into the possession of the disputed property through one Late Sh. Vinay Pal Sharma whose name was reflecting in the revenue record to be the owner in the year 1974. In March, 1981 Lt. Sh. Vinay Pal Sharma filed a suit being CS (OS) No.176/1981 against MCD for permanent injunction, as owner in possession of Khasra Nos.587, 586, 584 and 588 situated in village Chandrawali, Shahdara, Delhi.

3. The erstwhile owner, Lt. Sh. Vinay Pal Sharma expired on 8th April, 1981. He was survived by his wife Smt. Krishna Devi and mother Lt. Smt. Uma Devi.

4. Smt. Uma Devi (now respondent) filed suit for possession and recovery of damages against the defendants (now petitioners) on 23rd August, 1990 which was decreed by learned Civil Judge on 7th January, 2005.

5. The petitioners filed Regular First Appeal before District Judge, Delhi against the said judgment and decree dated 7th January, 2005.

6. During the pendenc






























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