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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.

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, referred to as "suit property") upon the death of the mother of the parties Smt. Laxmi Devi (hereinafter referred to as "the deceased testatrix"). Vide the impugned judgment, the learned Trial Court passed a Preliminary Decree of partition by metes and bounds in favour of Respondent No. 1 in respect of the suit property consisting of ground floor, first floor and s

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