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2022 Supreme(Del) 1174

AMIT BANSAL
Tosh Apartment Pvt. Ltd. – Appellant
Versus
Government Of National Capital Territory Of Delhi – Respondent


Advocates appeared:
Mr. Mandeep Singh Vinaik, Mr. Deepak Bashta, Mr. S.K. Sagar, Mr. Pawan Kumar Dhiman, Ms. Geeta Mohante & Ms. Simmi Bhamrah, Advocates, for the Plaintiff; Mr. Santosh Kumar Tripathi, Standing Counsel (Civil) GNCTD, Mr. Arun Panwar, Mr. Siddharth Krishna Dwivedi, Mr. Aditya S. Jadhav, Mr. Pradyumn Rao & Ms. Savita Sethi, Advocates, for the Defendants No. 1; Mr. Sandeep Sethi, Sr. Advocate with Mr. Anurag Jain and Mr. Shiv Kumar, Advocates, for the Defendants No. 3 to 8; Ms. Sonam Anand & Mr. Yakesh Anand, Advocates, for the Defendants No. 9 to 11

JUDGMENT

Amit Bansal, J. - The plaintiff has filed the present suit seeking a declaration that the six sale deeds, all dated 30th May, 1997, executed by late Sh. Pradeep Kumar Khanna, predecessor-in-interest of the defendants no. 9 to 11, in favour of the defendants no.3 to 8, in respect of the property, being No. 21, Aurangzeb Road, New Delhi (suit property), are null and void. Consequential relief of cancellation of the said sale deeds from the record of the concerned Sub-Registrar is also sought.

PROCEEDINGS IN THE PRESENT SUIT

2. An application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC), being I.A. 23802/2015, was filed on behalf of the defendants no. 3 to 8 on the ground that the plaint is time barred and it does not disclose any cause of action. I.A. 7939/2016 was filed on behalf of the plaintiff under Order VI Rule 17 of the CPC seeking amendment of the plaint. Vide order dated 28th April, 2017, this Court allowed I.A. 7939/2016 and dismissed I.A. 23802/2015. An appeal filed against the aforesaid order, being FAO(OS) 177/2017, was dismissed by the Division Bench vide judgment dated 30th May, 2017. On 14th November, 2017, following issues were framed in t

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