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2017 Supreme(Del) 572

JAYANT NATH
Meena – Appellant
Versus
Raj Kumar Goel – Respondent


Advocates Appeared:
For the Petitioner: Mr. Manish Bansal, Mr. Robin Bansal, Ms. Aarti Tyagi
For the Respondents: Mr. B.K. Sood, Mr. Sandeep Thukral

JUDGMENT :

Jayant Nath, J.

1. By the present petition filed under Article 227 of the Constitution of India, the petitioner seeks to impugn the order dated 30.01.2015 by which an application filed by the petitioner/plaintiff under Order XXIII Rule 1 CPC was partly allowed and the liberty was granted to the petitioner to file a fresh suit with respect to the relief of permanent injunction. The court held that there can be no occasion to consider the question of granting liberty with respect to any other reliefs as no such other reliefs have been sought in the present suit.

2. The petitioner/plaintiff who is the sister of the respondents filed the present suit against her two brothers in 2010. The title of the plaint stated is as “Suit for Cancellation of Title Documents of the property no. 4660-63, Gali no. 49, at Raiger Pura, Karol Bagh, New Delhi-5 and Permanent Injunction”. It was averred that the property was owned by the father of the parties, namely, Sh.Kishan Saroop who died on 27.08.1997. It was averred that the petitioner came to know that the respondents have forged certain documents and transferred the property in their name. It was claimed that the petitioner is the owner of






























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