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2023 Supreme(Del) 3406

CHANDRA DHARI SINGH
Paminder Gujral – Appellant
Versus
Kiranjit Gujral – Respondent


Advocates appeared:
Mr. Rajat Aneja, Mr. Nupur Kumar, Mr. Karan Nagrath, Ms. Chandrika Gupta, Ms. Muskan and Mr. Ambuj Tiwari, Advocates, for the Plaintiffs.
Mr. Rajesh Yadav, Senior Advocate with Ms. Chandrani Prasad, Mr. Manish Chaubey, Ms. Aditi Kakkar, Advocates with Defendant-1 in person.

JUDGMENT

Chandra Dhari Singh, J.

I.A. 5138/2018 (Stay)

1. The instant application under Section 151 of the Code of Civil Procedure, 1908 (CPC) has been filed on behalf of the Applicants/Defendants seeking the following reliefs:

    "(a) The Application be allowed and the proceedings in the present suit be stayed in view of the order dated 08.09.2017 passed in TP No. 147/2017 by the HC.

    (b) The parties to the present suit be directed to maintain the status quo as directed by the HC vide order dated 10.01.2013.

    (c) Any other order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be passed."

FACTUAL MATRIX

2. The instant civil suit was filed by the Plaintiffs for the partition of the property left by the parents of the Plaintiffs and Defendant no. 1 seeking decree of partition and separate possession of the respective share of the immovable properties, along with perpetual injunction against the Defendants restraining them from encumbering, alienating, or otherwise disposing of the properties.

3. The Plaintiffs and Defendant no.1 are children of late Shri Mohinder Singh Gujaral, who passed away on 4th May 2012 and Mrs. Upkar Gujaral, who pa

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