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2011 Supreme(Del) 1050

A.K.SIKRI, M.L.MEHTA
Chandra Prabha – Appellant
Versus
Satish Chand Sharma & Others – Respondent


Advocates Appeared:
Mr. K.S. Siddhu, Sr. Advocate with Ms. Maldeep Sidhu, Advocates for the Appellant.
Mr. Prakash Gautam, Advocate for the Respondent No. 1.
Ms. Swaty S. Malik, Advocate for the Respondent No. 2.
Mr. Atul Nigam, Advocate for the Respondent Nos. 3A to 3D.

M.L. Mehta, J.

1. This appeal is directed against the order dated 23rd February, 2010 passed by learned Single Judge whereby three applications viz. IA No. 6043 of 2007, IA No. 6044 of 2007 and IA No. 6045 of 2007 filed by the appellant/ plaintiff in her suit CS(OS) No. 526 of 2007 came to be dismissed.

2. The admitted facts are that the appellant/ plaintiff is daughter of Pt. Moolchand Sharma who died on 25th December 1939 leaving behind his widow and five minor children i.e. three sons (Mr. S.C. Sharma, Mr. R.C. Sharma and Mr. H.C. Sharma) and two daughters (Chander Lekha and appellant Chander Prabha). A will was executed by Pt. Moolchand Sharma dated 10th December, 1937 whereby he vested his entire property, movable as well as immovable, in five persons (trustees) who were to manage the said property and ensure that the family of the deceased was maintained, educated and married. The said Will was proved and registered before a Senior Subordinate Judge, Delhi on 14th December, 1940 in probate proceedings. The probate came to be granted by the Court on 28th May, 1941. The mother of the appellant also passed away in 1942 and her sister (Chander Lekha) got married in the year 1942. T

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