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2020 Supreme(Del) 1310

RAJIV SAHAI ENDLAW
Parmod Kumar Jain – Appellant
Versus
Ram Kali Jain – Respondent


Advocates Appeared:
Rajiv Dutta, Advocate, Kumar Dushyant Singh, Advocate, Siddharth Dutta, Advocate, Devesh Kumar Chauvia, Advocate, Darpan Wadhwa, Advocate, Aditya Vaibhav Singh, Advocate, Manish Kaushik, Advocate, Kuljeet Rawal, Advocate, Vikram, Advocate, R.K. Naagpal, Advocate

JUDGMENT

Rajiv Sahai Endlaw, J. - This suit for partition of property bearing No.26, admeasuring 3595 sq. mts., Friends Colony (West), New Delhi came up before the undersigned on 7th August, 2019, for hearing of some pending applications and for framing of issues. Having heard the counsels on the controversy for the purposes of adjudicating the applications, it was felt that the question of framing of issues if any qua the pleas of the defendants of Hindu Undivided Family (HUF) and oral family settlement will have to be first adjudicated and if it was found that no issue arises on the said aspect, in accordance with the admitted position as to title through documents, there should be no impediment to a decree for partition being passed immediately. It was however further felt that the counsels should have an opportunity to address the Court on the said aspect. Accordingly, the framing of issues was deferred to 20th November, 2019 and on which date the counsels were heard and order on framing of issues deferred.

2. The suit has had a chequered history, as also evident from the fact that inspite of having been pending for over ten years, issues even have not been framed as yet.

3. The

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