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2023 Supreme(Del) 773

CHANDRA DHARI SINGH
Sunil Varma – Appellant
Versus
Roopa Khanna – Respondent


Advocates appeared:
Mr. Amol Sharma, Advocate, for the Plaintiff.
Nemo, for the Defendant.

JUDGMENT

Chandra Dhari Singh, J. (Oral)

I.A. No. 5938/2023 (under Section 151 CPC)

1. The present application has been filed under Section 151 of the Code of Civil Procedure, 1908 (hereinafter "CPC") on behalf of the applicants/plaintiffs seeking the following reliefs:

    "It is therefore most respectfully prayed that the present application be allowed, and Registry of this Hon'ble Court be directed to treat decree dated 17.02.2016 be as final decree and the same be modified accordingly in terms of order dated 03.04.2018.

    Pass any other or further order, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. The learned counsel for the applicants/plaintiffs submitted that two proceedings were initiated for partition of the property bearing No. 3/24, Shanti Niketan, New Delhi (hereinafter "suit property"), bearing CS (OS) No. 2554/2010 and CS (OS) No. 116/2011. It is submitted that both the suits came to be listed before this Court on 17th February 2016 whereby the shares of the parties were declared and the Predecessor Bench of this Court passed a decree of partition in favour of the parties.

3. It is submitted that the judgement and decree da

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