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2017 Supreme(Del) 4006

HIMA KOHLI
In The Matter of : Krishna Gupta – Appellant
Versus
Narendra Nath – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.N. Choudhri, Mr. H.D. Talwani and Ms. Shruti Choudhri, Advocates
For the Respondent:Ms. Manmeet Arora, Advocate with Mr. Tarang Gupta, Advocate

JUDGMENT :

HIMA KOHLI, J.

1. The present petition has been filed by the petitioner (plaintiff No.1 in the suit proceedings) under Sections 11 and 12 of the Contempt of Courts Act read with Order XXXIX Rule 2A CPC and Section 151 CPC against her brother, respondent No.1 (defendant No.2 in the suit) and her first cousin, respondent No.2 (impleaded in the suit as a Karta of the defendant No.4/Ram Chander Nath HUF), alleging wilful breach of the orders dated 27.02.2013, 29.5.2015 and 24.8.2015, passed in CS(OS) No. 663/2011.

2. In the first instance, having regard to the twists and turns of the case where rounds of appeals have arisen out of the suit that is at the trial stage, a narrative of the relevant facts and the orders passed from time to time, is considered necessary. In March, 2011, the petitioner along with her sister (plaintiff No.2), instituted a suit for partition, possession, rendition of accounts, permanent and mandatory injunction in the High Court claiming 1/4th share each in the assets of M/s Rajinder Nath and Company, HUF (defendant No. 1 in the suit), 1/8th share each in the joint/common, undivided assets of defendant No.1/HUF and defendant No. 4/M/s Ram Chander Nath H




















































































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