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2014 Supreme(Del) 1763

RAJIV SAHAI ENDLAW
Samarjit Chakravarty – Appellant
Versus
Tej Properties Pvt. Ltd. – Respondent


Advocate Appeared:
Neeraj Malhotra, Manoj Goel, Shuvodeep Roy, Sabika Ahmed, Aviral Dhirendra, Rajesh Gupta, Sumit K. Sharam, Advocates.

Judgment

1. On 15th April, 2014, the following order was passed in these suits:

“1. The files are taken up today as 14th April, 2014 was declared a holiday.

2. The two suits, vide order dated 5th March, 2014, were ordered to be consolidated for the purposes of trial and decision and are listed today for framing of consolidated issues.

3. Though the counsel for Samarjit and Arati and the counsel for Tej and Prabhjit handed over proposed issues but while the issues proposed by counsel for Samarjit and Arati are found to be suit-wise and not consolidated, from the issues proposed by counsel for Tej and Prabjit, no clarity emerged. Owing to cases of two days being listed, there was no time to peruse the voluminous pleadings in the Court, accordingly, the files were sent to chamber, for framing appropriate issues after perusing the pleadings.

4. The position of the parties in the two suits is as under:

5. The position which emerges upon going through the pleadings in the two suits is as under:

(i) the suits concern land admeasuring 8 bighas and 5 biswas situated in Village Chattarpur, Tehsil Mehrauli, New Delhi;

(ii) the said land was owned by Sushil K. Chakravarty who had mortgaged the


















































































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