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2019 Supreme(Del) 369

VALMIKI J.MEHTA
Satya Prakash Gupta – Appellant
Versus
Lala Kanshi Ram Gupta – Respondent


Advocates Appeared:
For the Appellant :Mr. Ajay Kumar, Advocate
For the Respondent:Mr. Ravi Gupta, Sr. Advocate with Mr. Gaurav Kejriwal and Mr. Sujidt Keshri, Advocates, Mr. Rohit Gandhi, Advocate

JUDGMENT :

VALMIKI J. MEHTA, J.

RFA No. 94/2019

CAVEAT No. 103/2019

1. Since counsel for the caveators has entered appearance, the caveat stands discharged.

C.M. Appl. No. 5064/2019 (for exemption)

2. Exemption allowed, subject to just exceptions.

C.M. stands disposed of.

RFA No. 94/2019 and C.M. Appl. No. 5063/2019 (for stay)

3. This Regular First Appeal under Section 96 of the Code of Civil Procedure 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the trial court dated 24.11.2018 by which the trial court has dismissed the suit for partition and rendition of accounts filed by the appellant/plaintiff pleading that the suit properties which were stated in Annexure-A to the plaint were HUF properties and the appellant/plaintiff, being a member of the HUF, has a share in the HUF properties. The Annexure-A to the plaint reads as under:

“Details of Properties

01. House No. 25/41, Punjabi Bagh West, New Delhi-110026.

02. House No. N-77, Panchsheel Park, New Delhi-110017

03. M/s Jai Bharat Trading Co., Naya Bazar, Delhi.

04. No. 4018, Naya Bazar, Delhi

05. No. 4028, Naya Bazar, Delhi.

06. House No. 8A, Kamla Nagar, Delhi.

07. Properties of M/s Jai Bharat Trading Co. lying at Mor





























































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