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2014 Supreme(Del) 1456

RAJIV SAHAI ENDLAW
Radhesh Singh – Appellant
Versus
Vineet Singh – Respondent


Advocates appeared:
For the Plaintiff:Prabhjit Jauhar, Advocate.
For the Defendants:D1 to D3, Jeevesh Nagrath, Avsi Malik, D3, Naaren Nath Survaria, D4, Anuradha Mukherjee, Shreya Som, Advocates.

Judgment :

IA No.13523/2008 (of D-1 to 3 u/O 7 R-11 CPC)

1. The plaintiff, on 15th September, 2008 has filed this suit, (i) for declaration that the Compromise Decree dated 31st May, 1984 in Suit No.335/1982 of this Court has become unexecutable and unenforceable in law and is of no consequence; (ii) for partition of property No.17, Rajdoot Marg, Chanakyapuri, New Delhi, claiming a 50% share therein; and, (iii) for permanent injunction restraining the defendants from dealing with the said property or disturbing the possession of the plaintiff thereof, pleading:

(a) that the father of the plaintiff and the defendant No.4 Smt. Ravinder Kumari and of the predecessor of the defendants No.1 to 3 was the owner of property No.17, Rajdoot Marg, Chanakyapuri, New Delhi admeasuring 375 sq. yds. and died intestate leaving the plaintiff, the defendant No.1 and the predecessor of the defendants No.1 to 3 as his only legal heirs;

(b) that the plaintiff instituted Suit No.335/1982 in this Court for partition of the aforesaid property and of the other estate left by the father, claiming 1/3rd share therein and impleading the defendant No.4 and predecessor of the defendants No.1 to 3 as defendants



























































































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