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2022 Supreme(Del) 2115

AMIT BANSAL
Amiteshwar Singh – Appellant
Versus
Kamal Nain – Respondent


JUDGMENT

Amit Bansal, J.

I.A. 5693/2017 (O-VII R-11 of CPC)

1. By way of this judgment, I shall decide the application filed on behalf of the defendant no.1 under Order VII Rule 11 of the Civil Procedure Code, 1908 (CPC) seeking rejection of plaint.

2. The present suit was filed on behalf of the plaintiff seeking partition and permanent injunction in respect of property bearing no.64 B, Sainik Farms, New Delhi (hereinafter referred to as `suit property').

3. Summons in the suit were issued on 19th May, 2015 and the parties were directed the maintain status quo in respect of the suit property vide the same order. On 5th September, 2016 issues in the suit were framed and the interim order was confirmed.

4. Subsequently, the present application under Order VII Rule 11 of the CPC, was filed on behalf of the defendant no.1. Notice in the application was issued on 11th May, 2017 and reply has been filed by the plaintiff.

5. The pleadings in the plaint insofar as are relevant for deciding of the present application are set out below:

i. Plaintiff is the son of late Shri Surinder Singh Chowdhary and late Smt. Punit Kaur. The Defendants are the elder sisters of the plaintiff.

ii. Shri Suri

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