VALMIKI J.MEHTA
Sumita @ Lamta – Appellant
Versus
Devki – Respondent
VALMIKI J. MEHTA, J.
CM No. 34674/2017 (Exemption)
Exemption allowed, subject to just exceptions.
CM stands disposed of.
CM Nos. 34675/2017, 34673/2017 (for condonation of delay in filing and re-filing the appeal)
For the reasons stated in the applications, the delay in filing and re-filing the appeal is condoned.
CMs stand disposed of.
RSA No. 234/2017 and CM No. 34672/2017 (stay)
1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendants in the suit, impugning the concurrent judgments of the courts below; of the trial court dated 7.12.2016 and the first appellate court dated 23.3.2017; by which the courts below have decreed the suit of the respondent/plaintiff/mother against the daughter/appellant no. 1 and appellant no. 2 who is the second husband of the appellant no. 1.
2. The facts of the case are that the subject suit was filed by the respondent/plaintiff claiming ownership of the suit property being House no. 20/68, Second Floor, Trilok Puri, Delhi. Respondent/plaintiff/mother claims ownership of the suit property by virtue of the Will dated 28.8.2003 duly registered with Sub-Registrar, and executed by her husband S
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