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2017 Supreme(Del) 4461

VALMIKI J.MEHTA
Kamal Kant Kataria – Appellant
Versus
Rupendra Kataria – Respondent


Advocates Appeared:
For the Appellants : Mr. Arvind Kr. Gupta and Mr. Gautam Choubey.
For the Respondents: Mr. Mohinder Mohan and Mr. R.S. Kela.

JUDGMENT :

VALMIKI J. MEHTA, J.

1. This Regular First Appeal under Section 96 CPC is filed by the defendant nos. 1 and 2 in the suit/brothers impugning the judgment of the trial court dated 18.4.2017 by which the trial court has passed a final decree with respect to a total of four properties as stated in para 9 of the impugned judgment. This para 9 of the impugned judgment reads as under:-

“(9) This being the background and in view of the no objection given by the plaintiff and the defendant no. 1 and 2, the final decree is being passed in respect of all the immovable properties left behind by late Hari Chand Kataria i.e. property No. B-201, Derawal Nagar, Delhi-110007 (154 square yards); property No. A-155, Nehru Kutia, Malkaganj, Delhi (30 to 40 square yards); property No. 242, Main Bazar, Subzi Mandi, Delhi and property at Bhagirath Place. I now proceed to decide the possible modes of partition of the said properties as under.”

2. Learned counsel for the appellants/defendant nos. 1 and 2 contends that the property situated at 242, Main Bazar, Subzi Mandi, Dahiwala Katra, Delhi is a property in the exclusive ownership of the appellants/defendant nos. 1 and 2 and the trial court by t











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