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2016 Supreme(Del) 4303

HIMA KOHLI
HARBHAJAN SINGH – Appellant
Versus
KULDEEP SINGH – Respondent


Advocates Appeared:
For the Appellant : Mr. Manuj Aggarwal.

ORDER :

1. The appellant seeks setting aside of the judgment and decree dated 7.9.2016 passed by the trial court in a suit for declaration and permanent injunction instituted by him against his siblings, respondents nos. 1, 2, 3 (since deceased), respondent no. 4 and his father, respondent no. 5 (since deceased) (defendants no. 1 to 5 in the trial court).

2. Before considering the submissions made by learned counsel for the appellant, it is necessary to take note of the factual narrative. The appellant/plaintiff had instituted the aforesaid suit praying inter-alia for declaring the sale deed dated 22.5.2006 executed by the respondent/defendant no. 5 (father of the parties) in favour of the respondent/defendant no. 1 as null and void and further, for declaring that the he is the joint owner of the said premises and asking for a decree of permanent injunction for restraining the respondents/ defendants from creating any third party interest in the suit premises.

3. The appellant/plaintiff has stated in the suit that he and the defendants are class-1 heirs of late Smt. Prasin Kaur, mother of the appellant/plaintiff and the respondents/defendants No. 1 to 4 and wife of the respondent/defe

































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