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2016 Supreme(Del) 4217

RAJIV SAHAI ENDLAW
Chander Wati – Appellant
Versus
Babita – Respondent


Advocates Appeared:
For the Appellant : Shiv Charan Garg and Imran Khan.

ORDER :

Rajiv Sahai Endlaw, J.

1. The plaintiff has sued for a) declaration to the effect that the plaintiff is the exclusive owner of upper ground floor and first floor of- property No. 931-932, Punjabi Mohalla, Subzi Mandi, Delhi-110 007; b) permanent injunction restraining the defendant No. 2 Smt. Madhu from creating any third party interest in undivided 25% share i.e. 1/4th undivided share of the entire property No. 931-932, Punjabi Mohalla, Subzi Mandi, Delhi-110 007; and, c) mandatory injunction directing the Sub-Registrar, Kashmere Gate, Delhi-110 006 to modify the sale deed dated 29th August, 2014 registered as document No. 7786, Book No. 1, Vol. No. 5459, on pages 95 to 106 on 29th August, 2014 in terms of the decree for declaration. Summons of the suit and notice of the application for interim relief were issued to the three defendants.

2. Neither of the three defendants appeared despite service and were vide order dated 6th January, 2016 proceeded against ex-parte and the plaintiff permitted to lead ex parte evidence.

3. The plaintiff in her ex parte evidence, besides her own affidavit by way of examination-in-chief has filed affidavits by way of examination-in-chief of thre





















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