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2015 Supreme(Del) 1077

JAYANT NATH
MUNISH SHARMA – Appellant
Versus
LALIT SHARMA – Respondent


Advocate Appeared:
For the Plaintiff :Mr. Rajeshwar Kr. Gupta Advocate
For the Defendants :Mr. Sudhanshu Batra, Sr. Advocate with Mr. Shailesh Rana, Advocate for D-1
Mr. Abhishek Kr. Singh, Advocate for Mr. Kunal Sharma, Advocates for D-4
Mr. M.K. Vashish, Advocate for D-5

JUDGMENT :

JAYANT NATH, J.

I.A. 15473/2013

1. The present application is filed by the plaintiffs seeking an injunction to restrain the defendants from selling, transferring or alienating the suit property.

2. The plaintiff has filed the accompanying suit for a decree declaring the relinquishment deed dated 27.02.2004 and the Will dated 11.12.2008 in respect of the suit property i.e. House No.93, Surya Niketan, Vikas Marg, New Delhi, as void and also to declare that the plaintiffs are the owner of ¼ share of the suit property.

3. It is the case of the plaintiffs that the plaintiffs are the legal heirs of late Sh. Ishwari Datt Sharma S/o late Sh. Hari Datt Sharma. Defendants No.1 to 3 are the brothers of late Sh. Ishwari Datt Sharma. The said late Sh. Hari Datt Sharma had five sons namely, defendants No.1 to 3, late Sh. Ishwari Datt Sharma who is now represented by his legal heirs i.e. the plaintiffs and Sh. Sunil Sharma who expired in 2007 without any children or spouse. Shri Hari Datt Sharma was a member and shareholder of defendant No.5 – a Cooperative House Building Society. The suit property being a land, was allotted to Sh. Hari Datt Sharma consequent to draw of lots. The plot was t






















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