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2021 Supreme(Del) 1326

PRATHIBA M. SINGH
Krishan Kumar Mehra – Appellant
Versus
Roop Lall Mehra – Respondent


JUDGMENT

Prathiba M. Singh, J. - The present petition challenges the impugned judgment and order dated 23rd August, 2017, passed by the Ld. ADJ-04 (South East), Saket (hereinafter "Trial Court") in Civil Suit No. 208039/2016 titled Shir Krishna Kumar Mehra v Shri Roop Lall Mehra by which the application filed by the Respondent No.2/Maj. Prem Kumar Mehta/Defendant No.2 (hereinafter "Defendant No.2") seeking leave to deposit 1/5th share of the sale proceeds of the Defendant No.1 was dismissed. The said application was duly supported by the Petitioner Sh. Krishna Kumar Mehra/Plaintiff/Petitioner (hereinafter "Plaintiff") and the Respondent No.3/ Defendant No.3 (hereinafter "Defendant No.3") & Respondent No.4/ Defendant No.4 (hereinafter "Defendant No.4"). The only contesting party is Defendant No.1/Respondent No.1/Sh. Roop Lall Mehra (hereinafter "Defendant No.1").

Facts

2. The parties to the present revision petition are four sons and one daughter of Late Shri. Pyare Lall Mehra, who passed away on 1st November, 2008. Late Shri. Pyare Lall Mehra was the absolute owner of property bearing No. J-17, Jangpura Extension, New Delhi, admeasuring 279 sq. yards (hereinafter "suit property"). The

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