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2023 Supreme(Del) 900

NAVIN CHAWLA
Ruby Thukral – Appellant
Versus
Sh Ajay Arora – Respondent


Advocates appeared:
Ms. Manpreet Kaur, Advocate, for the Plaintiff.
Mr.Sanjeev Kumar, Mr.Anshul Sehgal & Mr.Divyanshu Jain, Advocates, for the Defendant.

JUDGMENT

Navin Chawla, J. (Oral)

I.A. 13109/2022

1. This application has been filed by the plaintiffs praying for an amendment to the plaint.

2. The plaintiffs have filed the present suit, inter alia, praying for the following reliefs:

    "(a) Pass a decree of declaration thereby declaring the Plaintiffs to be rightful and legal owners of 1/3rd share each in the assets mentioned in the schedule of assets;

    (b) Pass a decree of partition of the in the estate of Sh. Ram Pal Arora, by metes and bounds;

    (c) Pass a decree of permanent injunction restraining the Defendant, their legal heirs, agents, servants, employees etc. from selling, alienating, assigning, parting, mortgaging or creating any third part interest in respect of the suit property;

    (d) Costs of the suit be awarded to the Plaintiff;"

3. In the plaint, it is averred that the parties herein are the children of late Smt. Savita Rani, who passed away on 23.11.2004, and late Shri Ram Pal Arora, who passed away on 11.08.2018. It is claimed that late Shri Ram Pal Arora died intestate and the parties herein being Class-I Legal Heirs would inherit his properties in equal share. The plaintiffs have, therefore, prayed for a Decree of Partit

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