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2022 Supreme(Del) 1347

AMIT BANSAL
Harjit Kaur – Appellant
Versus
Shankar Mukherjee – Respondent


Advocates appeared:
N.S. Dalal, Advocate, Devesh Pratap Singh, Advocate, Alok Kumar, Advocate, Rachana Dalal, Advocate, Arpit Rai, Advocate

JUDGMENT

amit Bansal, J. - I.a. No. 7603/2017 (u/O.VII R.11 CPC for rejection of counter claim) & CC No.79/2016

1. By this order, I shall dispose of the application filed on behalf of the applicant/plaintiff under Order VII Rule 11 of the Code of Civil procedure, 1908 (CPC) seeking rejection of the counter claim filed on behalf of the defendant.

2. The suit in question was filed on behalf of the plaintiff seeking relief of declaration, that the plaintiff be declared the absolute owner of B-399 Chittaranjan Park, New Delhi (suit property).

3. In the said suit, the defendant filed a counter claim on 21st March, 2016 and prayed for the following reliefs:

    '(a) allow the counter claim by passing a decree of declaration, by declaring the documents being GPa dated 09.08.1977, agreement to Sell, registered SPa, Will, Receipt, etc., dated 12.07.1985 in respect of Property No. B-399 Chittaranjan Park, New Delhi, admeasuring 160 Sq. Yards, being forged and fabricated thus null, void and of no effect;

    (b) Pass a decree of mandatory injunction by issuing directions to the Plaintiff to handover the Property No. B-399 Chittaranjan Park, New Delhi, admeasuring 160 Sq. Yards, to the Defendant, upon term

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