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2023 Supreme(Del) 1492

JYOTI SINGH
Fredric Gill – Appellant
Versus
John Masih Gill – Respondent


Advocates appeared:
Ms. Beenashaw N. Soni, Advocate, for the Petitioner.
Mr. Ajit Singh, Advocate, for the Respondent.

JUDGMENT

Jyoti Singh, J. (Oral)--By this revision petition, Petitioner assails the impugned order dated 24.11.2021 by which his application under Order VIII Rule 1 CPC has been dismissed by the Trial Court. Respondent herein is the Plaintiff before the Trial Court and Petitioner herein is Defendant No.1 (hereinafter referred to as the `Defendant') and parties are hereinafter referred to by their litigating status before the Trial Court.

2. Facts necessary for adjudicating the present petition are in a narrow compass. Plaintiff filed a suit for partition, possession and declaration with respect to plot ad-measuring 1000 sq. yards bearing No. RZG-128 situated in Khasra No. 77/13/18, Nihal Vihar, Nangloi, Delhi, allegedly purchased before 1992 jointly by the parties, who are real brothers. Both the Plaintiff and Defendant are NRIs, settled in Norway with their respective families.

3. As per the case set out in the present petition, parties to the suit resolved their family disputes amicably with respect to all properties in the presence of their lawyers/Attorney and executed an agreement dated 12.11.1992, whereby joint ownership in the suit property came to an end and the property ca

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