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2019 Supreme(Del) 437

JAYANT NATH
Pushpa Devi Bharti – Appellant
Versus
Harish Arora – Respondent


Advocates Appeared:
D.R. Bhatia, Adv., Vasundhara Nayar, Adv., Siddharth Khattar, Adv., Vikas Sharma, Adv., Pradeep Kumar, Adv.

JUDGMENT :

Jayant Nath, J.

This suit is filed by the plaintiffs seeking a preliminary decree of partition in favour of the plaintiffs and against the defendants declaring the share of plaintiff No. 1 as 15% and plaintiff Nos. 2 to 4 as 7.5% each in respect of the property No. 174, Block E, Kalkaji, New Delhi.

2. The case of the plaintiffs is that plaintiff No.1 purchased 15% undivided share in the suit property vide sale deed dated 15.12.2012 along with defendants No.1 and 2 who had 42.5% undivided share each in the suit property. Subsequently, on 29.11.2013, plaintiffs No. 2 to 4 purchased 7.5% each in the suit property from defendant No. 1 vide registered sale deed. Hence, the present suit for partition.

3. It appears that there is no dispute amongst the parties regarding the share of the plaintiffs and defendants.

4. I may only note that defendant No.1 despite service is not appearing in the present case. Learned counsel for the plaintiffs and defendant No.2 submit that they have no objection, in case a preliminary decree of partition is passed as above regarding the suit property and the property be sold and the proceeds thereof be divided in terms of the aforenoted shares.

5. I may












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