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2020 Supreme(Del) 1548

MANMOHAN, SANJEEV NARULA
Ravi Narayan Agarwal – Appellant
Versus
Sushil Kumar Agarwal – Respondent


JUDGMENT

Manmohan, J.

CM APPL. 28498/2020, 28499/2020, 28500/2020, 28502/2020

Allowed, subject to just exceptions.

RFA(OS) 37/2020 & CM Appls.28497/2020, 28501/2020

1. Present appeal has been filed by appellant-Shri Ravi Narayan Agarwal, who was defendant no.1 in CS(OS) 224/2017 before the Trial Court, challenging the judgment and preliminary decree dated 13th March, 2020, passed by the learned Single Judge in CS(OS) 224/2017. The relevant portion of the impugned judgment is reproduced hereinbelow:

    "9. Other than defendants No.1 and 4 none of the defendants have opposed the present suit.

    xxx xxx xxx

    13. The matter was fixed for framing of issues. On 6.8.2018 this court passed the following order:

    "Learned counsel appearing for the plaintiff submits that the only defendants who are opposing partition are defendant No.1 and 4. He further submits that in the written statement of defendant No.1 there is a clear admission that the plaintiffs are entitled to respective shares in the suit property. Learned counsel appearing for defendant No.1 has raised the following objections:

    (i) He submits that the HUF of respective parties has also to be impleaded as a necessary party.

    (ii) He submits that th

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