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2020 Supreme(Del) 1238

RAJIV SAHAI ENDLAW
Shabnam – Appellant
Versus
Gulshan – Respondent


Advocates Appeared:
Rajesh Bhatia, Advocate, Shivam, Advocate, Plaintiff And Her Husband In Person, Ankit Jain, Advocate, Abhay Pratap Singh, Advocate, Mohit Gupta, Advocate, Vishal Saxena, Advocate, Meenakshi Garg, Advocate, Nidhi Samanotra, Advocate

JUDGMENT

Rajiv Sahai Endlaw, J. - The plaintiff instituted this suit against her eight sisters namely (i) Gulshan, (ii) Samina Bano, (iii) Husna, (iv) Razia, (v) Parveen Begum, (vi) Nasim, (vii) Shahnaj Bano Rangrej and (viii) Yasmeen and against defendant No.9 Mahesh Kumar Parwal, for partition of property No.E-2A, Mansarovar Garden, New Delhi constructed on land admeasuring 247 sq. yds. and comprising of ground floor (except one godown, sold by common ancestor of plaintiff and defendants No.1 to 8 in her lifetime), first floor and third floor with open terrace above, claiming 1/9th undivided share therein and pleading that the defendants No.1 to 8 had sold their undivided 8/9th share in the property to the defendant No.9 Mahesh Kumar Parwal. No partition of second floor of the property, also sold by common ancestor aforesaid in her lifetime, was sought

2. The suit came up first before this Court on 8th August, 2018, when summons thereof were ordered to be issued and status-quo qua title and possession claimed by the plaintiff of front portion of the third floor of the property, directed to be maintained.

3. The defendants No.1 to 8 have filed a common written statement. The defend

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