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2023 Supreme(Del) 2210

GAURANG KANTH
Om Prakash Popli – Appellant
Versus
Raj Kumari Batra – Respondent


Advocates appeared:
Mr. Sandeep Sharma, Mr. Aman Dhyani, Ms. Bandana Kaur Grover and Mr. Kunal Aarora, Advocates for respondent No. 1.
Mr. Shekhar Dasi and Mr. S.K. Gupta, Advocate for respondent No. 2.

Table of Content
1. factual background regarding the property and will (Para 3 , 4 , 5 , 6 , 7 , 8)
2. court's examination of evidence and issues (Para 14 , 32 , 33 , 34)
3. arguments against the will's validity (Para 15 , 21 , 22 , 25 , 26)
4. summary of judicial findings on will's validity (Para 40 , 41 , 45 , 46)
5. conclusion and order of the court (Para 51 , 52 , 53)

JUDGMENT

Gaurang Kanth, J.

1. The case at hand is a first appeal which has been filed under Section 96 and Order XLI Rule 1 of The Code of Civil Procedure, 1908 against the Judgment and preliminary decree dated 11.12.2014, passed by the learned Additional District Judge-06, Central Delhi, wherein the learned Additional District Judge decided the Civil Suit No. 46/11/08 titled as Raj Kumari Batra vs. Om Prakash Popli & Ors. which was a suit for partition and permanent injunction (hereinafter referred to as the "impugned judgment").

2. The appeal arises from a suit brought by Respondent No. 1/Smt. Raj Kumari Batra in the Court of the learned Additional District Judge, Central Delhi, for partition and permanent injunction with respect to the property bearing No. C-II/ 55-56 situated at Lajpat Nagar, New Delhi (hereinafter

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