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2013 Supreme(Del) 2300

S.MURALIDHAR
D. K. Modi – Appellant
Versus
V. K. Modi – Respondent


Dr. A.M. Singhvi , Mr. Sanjay Jain, Senior Advocates with Mr. Saurabh Kripal, Ms. Jayashree Shukla, Mr. Abhinav Dasgupta , Mr. Nilesh, Advocates for Appellant.
Mr. T.K. Ganju, Senior Advocate with Mr. Vijay Gupta, Ms. Geeta Goel, Mr. Chetan Swrup, Mr. Amit Paliwal, Advocates for D-2IMRL.
Mr. Ravi Kumar Aggarwal with Ms. Singdha Pandey, Advocates for D-3 to 6. Ms. Archana Lakhotia, Advocate for D-1.

JUDGMENT :

S. Muralidhar, J.

IA No. 7474 of 2011 (filed by Plaintiff u/O VI R 17 CPC)

1. By this order the Court disposes of IA No. 7474 of 2011 filed by the Plaintiff under Order VI Rule 17 of the Code of Civil Procedure 1908 (‘CPC’). The Court also proceeds to pass a consequential order in the main suit itself.

2. The above suit has been filed by Dr. D.K. Modi against Mr. V.K. Modi, son of late Mr. Rai Bahadur Gujar Mal Modi, Defendant No. 1, Modi Rubber Limited (‘MRL’), Defendant No. 2 through its Managing Director, Mrs. Ritu Kapur, Mrs. Preetika Swarup, Mrs.Neetika Jaipuria and Mrs. Ambika Kapur, Defendant Nos. 3 to 6 respectively for the following reliefs:

“(a) Pass a decree of declaration in favour of the Plaintiff and against the Defendants declaring that the Defendant Nos. 1 to 2 have been left with no right, title or interest in the property bearing No. 15, Friends Colony (West), New Delhi having total area of 2800 sq. yds;

(b) Declare that the Plaintiff has exclusive right, title and interest in the suit property bearing address 15, Friends Colony (West), New Delhi having total area of 2800 sq. yds;

(c) Pass a decree of permanent injunction against the Defendant Nos. 1 and 2 res

















































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