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2021 Supreme(Del) 2403

AMIT BANSAL
Deepak Arora – Appellant
Versus
Rashmi @ Himashi Goel – Respondent


JUDGMENT

Amit Bansal, J. (Oral)--The present petition under Article 227 of the Constitution of India impugns the order dated 12th February, 2020 passed by the Additional District Judge-03 (West) Tis Hazari Courts, Delhi (Trial Court) in CIV. DJ NO. 610178/2016, whereby the application filed on behalf of the petitioner (hereinafter `defendant') under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC), has been dismissed.

2. The counsels for both sides have been heard on 23rd November, 2021 and 3rd December, 2021 and both the counsels have filed brief written submissions along with judgments in support.

3. Brief facts relevant for deciding the present petition are set out hereinafter:

3.1. The defendant and respondent (hereinafter `plaintiff') are siblings. The suit property belonged to the father of the parties who died intestate on 22nd December, 1995, and the ownership of the suit property delved upon the plaintiff and the defendant, their mother and two more sisters.

3.2. All the aforesaid parties including the plaintiff executed a registered Relinquishment Deed, relinquishing their respective shares in the suit property in favour of the defendant. The registered Relin

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