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2013 Supreme(Del) 2187

S.MURALIDHAR
Kamlesh Sharma @ Kamlesh Kumari – Appellant
Versus
Satya Devi – Respondent


Mr. Sanjeev Bahl with Mr. Rajat Bhardwaj , Mr. Eklavya Bahl, Advocates for Plaintiffs.
Mr. Sanjiv Sindhwani, Senior Advocate with Mr. J.K. Chawla, Advocates for Proposed Defendant No. 5.
Mr. L.M. Asthana with Mr. Siddhant Asthana , Mr. P.R. Singh, Advocates for D-1, 3 , 4.

JUDGMENT :

S. Muralidhar, J.

IA Nos. 3497 of 2013 (filed by Plaintiffs under Order 1 Rule 10 CPC), 3498 of 2013 (filed by Plaintiffs under Order XXXIX Rules 1 & 2 CPC), 3499 of 2013 (filed by the Plaintiffs under Order XXXIX Rule 2A CPC)

1. The background to these applications is that Smt. Kamlesh Sharma @ Kamlesh Kumari, Plaintiff No. 1 and Smt. Renu Rai @ Renu Kumari, Plaintiff No. 2, who are sisters and daughters of late Mr. Suraj Prakash Sharma, filed the aforementioned suit [CS (OS) No. 2014 of 2011] against Smt. Satya Devi, Defendant No. 1, (the mother of Plaintiffs), Shri Satyender Kumar, Defendant No. 2, (brother of the Plaintiffs), Smt. Sudesh Kumari and Ms. Anita Kumari, Defendant Nos. 3 and 4, (sisters of the Plaintiffs) seeking partition of the property at D-147, Block No. D, Surajmal Vihar (also known as Teachers Colony), Delhi – 110 092 (hereinafter referred to as ‘the suit property’) measuring about 217.87 sq. yards, belonging to their father late Mr. Suraj Prakash Sharma, and for declaration of the 1/6th share of each therein of the Plaintiffs. The other incidental reliefs prayed for one injunction restraining the Defendants from alienating, transferring, or creating a





































































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