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2017 Supreme(Del) 4858

JAYANT NATH
Indra Kaushal – Appellant
Versus
Ravinder Kaushal – Respondent


Advocates Appeared:
For the Plaintiffs : Mr. O.P. Aggarwal & Mr. K.N. Singh, Advs.
For the Defendants : Mr. Rajesh Singh, Adv.

JUDGMENT :

JAYANT NATH, J.

IA No. 2067/2015(u/O XII Rule 6 CPC)

1. This application is filed under Order XII Rule 6 CPC seeking passing of a decree on admissions.

2. This suit is filed seeking a decree of partition in respect of the property bearing No.24/1, Shakti Nagar, Delhi-110007 claiming 2/5th share as that of the plaintiffs and 3/5th share of the defendants; a decree for possession is also sought for the 2/5th share of the plaintiffs; and a decree for mesne profits @ Rs.50,000/- per month.

3. It is stated in the plaint that Dr.S.S.Kaushal, the father of the plaintiffs, defendants No.1 and 2 and Late Sh.Rajiv Kaushal who is now represented by defendant Nos.3 to 5 owned the said property bearing No.24/1, Shakti Nagar, Delhi-110007 measuring 500 sq. yds comprising of ground floor, first and second floor. Dr.S.S.Kaushal expired on 24.02.1998. His wife had expired prior to his death. It is stated that during his life time Dr.S.S.Kaushal executed a Registered Will dated 17.08.1994 in respect of the suit property in favour of the plaintiffs and his three sons. The plaintiffs were given two living rooms and one dressing room adjacent to the bath room on the ground floor, which is shown i























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