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2023 Supreme(Del) 1960

CHANDRA DHARI SINGH
Neharika Gurnani – Appellant
Versus
Rameshwar Gopal – Respondent


Advocates appeared:
Mr. Ashok Gurnani, Advocate, for the Plaintiff.
Counsel for D-4. (Appearance not given)
Mr. Kirti Uppal, Senior Advocate with Mr. Shekhar Kumar and Ms. Riya Gulati, Advocates, for D-9 to D-11.

ORDER

Chandra Dhari Singh, J. (Oral)

I.A. 1740/2023 (For setting aside the consent order/judgment dated 18th December, 2019)

1. The instant application has been filed on behalf of defendant no.4/applicant under Section 12 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter "CPC") seeking the indulgence of this Court for setting aside the consent order/judgment/decree dated 18th December 2019 passed by the Co-ordinate Bench of this Court in CS (OS) 2191/2009 titled as Neharika Gurnani vs Rameshwar Gopal and Ors.

FACTUAL MATRIX

2. The plaintiff had filed the captioned suit seeking partition, declaration, rendition of accounts and permanent injunction with respect to the Ancestral Property bearing No. WZ-296, G-Block, Jail Road, Hari Nagar, Delhi-110048, admeasuring 6000 square yards out of Khasra No.835/1/2, 836 & 837 situated in the revenue estate of Village Tihar, Tehsil Rajouri Garden, Delhi (West) (hereinafter "the said property") against a total of 51 defendants which after a period of 10 years reached the settlement under Order XXIII, Rule 1 and 3 of the CPC. The suit was amicably settled between the plaintiff and the defendants no. 1, 9, 10, and 11 (hereinaf

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