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2020 Supreme(Del) 251

HIMA KOHLI, ASHA MENON
Neeru Dhir – Appellant
Versus
Kamal Kishore Dhir – Respondent


Advocate Appeared:
For the Appellant :Mr. Prag Chawla and Mr. Rajiv Singh Pilania, Advocates
For the Respondent:Mr. Nilava Bandyopadhyay and Ms. Swati Sinha, Advocates

JUDGMENT :

HIMA KOHLI, J.

1. The appellants/plaintiffs have questioned the judgment dated 23.05.2019, passed by the learned Single Judge dismissing a suit for partition and permanent injunction instituted by them against the respondents/defendants claiming that they are collectively entitled to 1/10th undivided share in the residential premises bearing No.C-324, Vivek Vihar, Delhi.

2. The three appellants/plaintiffs are the successors-in-interest (widow and children) of late Shri Anil Kumar Dhir, brother of the respondents No.1 to 7 and the deceased respondents No.8 and 9. The factual averments made in the plaint have been neatly summarised in para 1 of the impugned judgment. For the sake of convenience, the said para is extracted below:-

    “1. The three plaintiffs, namely (a) Neeru Dhir; (b) Nipun Dhir; and, (c) Vatsala Dhir, being the widow, son and daughter of late Anil Kumar Dhir, have instituted this suit for partition of Property No.C324, Vivek Vihar, Delhi – 110 095 and for permanent injunction restraining the defendants from alienating, encumbering or parting with possession of the said property, against the four brothers, three sisters and heirs of another two sisters, of Anil K

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