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2023 Supreme(Del) 4260

GAURANG KANTH
Prem Lata – Appellant
Versus
Harvinder Singh Alias Happy – Respondent


Advocates appeared:
Mr. Arvind Chaudhary and Mr.Ankit Chaudhary, Advocates, for the Appellant.

JUDGMENT

Gaurang Kanth, J.

1. The Appellant in the present Appeal is impugning the judgment dated 12.09.2022 ("Impugned Judgment") in CS DJ No.59302/2016 passed by learned ADJ-02, North Rohini Court Complex, Delhi titled as `Smt. Prem Lata v. Sh.Harvinder Singh @ Happy & Ors.'. Vide the Impugned Judgment, the learned Trial Court was pleased to allow the Application under Order VII Rule 11 CPC filed by the Respondent Nos.6 and 7 and rejected the plaint of the Appellant under Order VII Rule 11(d) CPC being barred by the provisions enumerated under Order XXIII Rule 3A CPC.

2. The Trial Court Record is available with this Court. Learned counsel for the Appellant states that the appeal may be heard today itself and no date for hearing of the appeal be fixed as contemplated by sub- Rule 1 of Rule 11 of Order 41 of the Code of Civil Procedure.

FACTS GERMANE FOR THE ADJUDICATION OF THE PRESENT APPEAL ARE AS FOLLOWS:

3. The property bearing No. 61, Guru Nanak Marg/Mahatma Gandhi Marg, Kewal Park, Azadpur, Delhi-110033 (hereinafter referred to as the "suit property") was purchased and constructed by Shri Hukum Chand and Smt. Shakuntala Devi, who are the parents of the Appellant and the Res

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