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2021 Supreme(Del) 314

JYOTI SINGH
Shweta Singh Huria – Appellant
Versus
Santosh Huria – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Ekta Gambhir, Advocate.
For the Respondent:Mr. Rakesh Wadhwa, Advocate

JUDGMENT :

JYOTI SINGH, J.

1. The Appellants have filed the present Regular First Appeal assailing the preliminary decree dated 16.09.2020 passed by the Trial Court in CS No. 390/2019. Appellant No. 1 herein is Defendant No. 1 before the Trial Court and Respondent No. 1 is the Plaintiff. Defendants No. 2 & 3 are minor children of Defendant No. 1 and are Appellants No.2 & 3 herein, whereas Respondent No. 2 is the husband of Respondent No.1 and was Defendant No. 4 before the Trial Court. Appellant No. 1 was married to Late Sh. Vineet Huria and Respondent No. 1 is his mother.

2. The facts germane for deciding the present appeal are that Respondent No. 1/Plaintiff filed a suit for partition or separation of shares of Respondent No. 1, recovery of Rs. 54,14,077/-, rendition of accounts and permanent injunction against the Appellants herein and Respondent No. 2, father of Late Shri Vineet Huria.

3. Respondent No. 1 pleaded that her deceased son late Shri Vineet Huria and Respondent No. 2 were sole and absolute joint owners of property bearing No. MIG Flat No. 35, Block-A, Type-B, Pocket-3, Bindapur, Dwarka, New Delhi (hereinafter referred to as ‘suit property’). Shri Vineet Huria died on 11.

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