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2023 Supreme(Del) 4983

PRATEEK JALAN
Sh. Dinesh Kapoor – Appellant
Versus
Mukesh Kapoor – Respondent


Advocates appeared:
Mr. Praveen Mahajan & Mr. Abhinav Chauhan, Advocates, for the Plaintiff.
Mr. Rohit Kumar, Advocate, for the Defendants.
Ms. Pavitra Kaur, Advocate, for GNCTD.

JUDGMENT

Prateek Jalan, J. (Oral)

I.A. 4773/2021(Condonation of delay in refiling I.A. 4772/2021)

This is an application on behalf of the plaintiff seeking condonation of delay of 7 days in refiling I.A. 4772/2021.

For the reasons stated in the application, the application is allowed and delay in refiling I.A. 4772/2021 is condoned.

I.A. 4772/2021 (Application on behalf of the plaintiff for directing the Registry to withdraw their letter dated 24.09.2019 and prepare decree sheet in terms of the order dated 01.08.2019 without requiring the parties to file stamp duty)

1. The captioned suit was filed for partition of a property bearing No. A-278, Defence Colony, New Delhi-110024 ["the suit property"]. It was decreed on 01.08.2019 in terms of a Settlement Agreement dated 10.07.2019. The plaintiff has filed this application for a direction upon the Registry to recall a communication dated 24.09.2019, addressed to the concerned Sub-Divisional Magistrate, calling for a valuation of the property, and for a direction that the decree sheet be drawn up [pursuant to the order dated 01.08.2019] without payment of stamp duty.

2. Learned counsel for the parties submit that the Settlement Agreement d

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