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2010 Supreme(Del) 1116

MANMOHAN SINGH
Arun Batra. – Appellant
Versus
Bimla Devi Thru Lr's – Respondent


Advocates Appeared:
Ms. Nandani Sahni, Advocate for the Plaintiff.
Mr. Sandeep Sethi, Sr. Adv. with Mr. Lalit Gupta, Adv. for the Defendant Nos. 2-6
Mr. J.P. Gupta, Adv. for the Defendant No. 7
Mr. Manish Vashisht, Adv. for the LR 1 (a)
Mr. K. Datta with Mr. Manish Srivastava, Advs. for the Defendant No. 9

Manmohan Singh, J.

1. By this order I shall dispose of the three pending applications filed by the parties, the detail of which are given as under:

(a) IA No. 4011/1992 under Order 39 Rules 1 & 2 of the Code of Civil Procedure, 1908 filed by the Plaintiff.

(b) IA No. 7308/2001 under Order 39 Rule 4 of the Code of Civil Procedure, 1908 for vacation of status-quo order passed on 30th April, 1992 filed by the Defendant No. 9.

(c) IA No. 7896/2008 under Order 39 Rule 4 of the Code of Civil Procedure, 1908 filed by the Defendants No. 2 to 6.

2. The common facts in the applications are that the plaintiff has filed the present suit seeking specific performance of an alleged oral agreement to sell entered into between plaintiff and defendants No. 1 to 8 in respect of property bearing No. 42/44, Sunder Nagar, New Delhi. The said property is jointly owned by the Defendant No. 1 (owner of 1/3rd undivided share), Defendant No. 7 (owner of 1/3rd undivided share) and Defendants No. 2 to 6 (joint owners of 1/3rd share).

3. The suit along with IA No. 4011/1992 was listed before this Court on 30th April, 1992. On that date, this Court while issuing summons in the main suit passed the interim orders in th

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