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2016 Supreme(Del) 1909

VALMIKI J.MEHTA
SAGAR GAMBHIR – Appellant
Versus
SUKHDEV SINGH GAMBHIR – Respondent


Advocates Appeared:
Ms. Aastha Dhawan, Advocate.
For the Respondent:Mr. Rajesh Yadav, Advocate with Mr. J.K. Chawla, Advocate and Mr. Rajan Chawla, Advocate.

JUDGMENT :

VALMIKI J.MEHTA, J.

CS(OS) No.1862/2010 and I.A. Nos.12117/2010 (stay), 15254/2011 (under Order XI Rules 12 and 14 CPC by plaintiff), 1325/2012 (under Order VII Rule 11 CPC by defendant no.1), 5248/2012 (under Order XXXIX Rule 4 CPC by defendant No.2) & 13263/2013 (under Order VI Rule 17 CPC by plaintiff)

1. This suit for partition etc is filed by the plaintiff/Mr. Sagar Gambhir who is the son of late Sh. Sunil Gambhir. Late Sh. Sunil Gambhir was the younger son of defendant no.1/Sh. Sukhdev Singh Gambhir. Defendant no.2 in the suit is the son of the defendant no.1 and the brother of late Sh. Sunil Gambhir.

2. By the suit, reliefs are claimed for two immovable properties and one business. The two immovable properties are 4-B/8, Poorvi Marg (NEA), Rajinder Nagar, New Delhi and D-II/83, Sector-10, Faridabad, Haryana. The business is the business in the name of M/s. Gian Singh Sukhdev Singh, K-42, Connaught Place, New Delhi-110001. Plaintiff claims that the properties and the business are HUF properties and business inasmuch as the defendant no.1, grandfather of the plaintiff and father of late Sh. Sunil Gambhir and the defendant no.2, purchased these properties and started bus




































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