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2022 Supreme(Del) 760

SURESH KUMAR KAIT, SAURABH BANERJEE
Vidur Impex And Traders Pvt. Ltd. – Appellant
Versus
Tosh Apartments Private Limited – Respondent


Advocates Appeared:
For the Appellants : Ms. Anurag Jain and Mr. Ujwal Ghai.
For the Respondents: Mr. Mandeep Singh Vinaik, Ms. Geeta Mohanty, Ms. Simmi Bhamrah and Mr. Pawan Kumar Dhiman, Ms. Mehak Nakra, Mr. Yakesh Anand and Ms. Sonam Anand.

JUDGMENT :

1. The appellant nos. 1 to 6/original defendant nos. 3 to 8, [Hereinafter collectively referred to as “appellants”] before the learned Single Judge are impugning the judgment dated 18.08.2022, whereby, vide a decree of declaration, the six sale deeds dated 30.05.1997 executed by one Mr. Pradeep Kumar Khanna, [Hereinafter referred to as “Original Owner”] in their favour have been declared null and void and the respondent no.1/original plaintiff before the Learned Single Judge has been held to be entitled to cost of Rs. 2,00,000/-.

2. Before adverting to the merits of the matter, we are reminded of the ‘Phoenix, an ancient mythological bird symbolizing resurrection, which with amongst other qualities, is known to rise from the ashes over and over again. The appellants, vide this appeal, while trying to play the role of the said ‘Phoenix, are alas forgetting that even the ‘Phoenix though can rise from the ashes but cannot flog a dead horse. In essence, though the appellants, vide the present appeal, have challenged the impugned decree with all vigour and renewed energy after suffering at the hands of the Learned Single Judge, however, the said effort of the appellants is mi

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