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2019 Supreme(Del) 2446

SURESH KUMAR KAIT
Vrinda Ahuja – Appellant
Versus
Raveen Ahuja – Respondent


Advocates Appeared:
For the Petitioner:Mr. K.K. Manan, Sr. Advocate with Mr. Mukul Aggarwal, Ms. Komal Vashisht, Mr. Ajit Singh, Ms. Adiiti Dalal, Mr. Charanpreet Singh, Mr. Arjun Marwah and Ms. Honey Uppal, Advs.
For the Respondent: Ms. Geeta Luthra, Sr. Adv. with Mr. Altamish Siddiki, Adv., Mr. Ashok, Adv.

JUDGMENT :

1. Vide the present petition, the petitioner seeks direction thereby to set aside the impugned judgment and order dated 24.10.2017 and further to set aside the order dated 15.11.2017 passed by the Court of Ld. ASJ-02, South East, Saket Court, New Delhi in CA. 69/2017.

2. The present petition has been filed on the ground that the learned Appellate Court erroneously turned a blind eye to the forged and fabricated agreement to sell dated 09.10.2015. The Respondent had filed two different versions of agreement to sell dated 09.10.2015 on the basis of which the Respondent was intending to sell the property.

3. Learned senior counsel appearing on behalf of petitioner submits that the Ld. Appellate Court erroneously dismissed the application under section 340 Cr.P.C wherein the various contradictory stands as per the convenience of Respondent has been taken by him. The said affidavits clearly show that the respondent has been filing affidavits as per his convenience, merely to frustrate the end of justice.

4. During arguments, learned counsel for the petitioner submits that the memorandum of family settlement which took place between the family members of the respondent is forged a

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