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2023 Supreme(Del) 3864

CHANDRA DHARI SINGH
Manish Goel – Appellant
Versus
Raghav Goyal – Respondent


Advocates appeared:
Mr. Tarkeshwar Nath, Mr. Lalit Mohan, Mr. Virat Saharan and Mr. Harshit Singh, Advocates, for the Petitioner.
Mr. Shad Anwar and Ms. Shabnam, Advocates, for the Respondents.

ORDER

Chandra Dhari Singh, J. (Oral)

1. The instant revision petition has been filed on behalf of the petitioner seeking the following reliefs:

    "(I) Set aside the orders dated 04.08.2021 passed by the Ld. ADJ-02, Shahdara, Karkardooma, Delhi in CS No. 975/2016

    (II) Reject the plaint

    (III) Any other order or direction that this Hon'ble Court deems fit under present facts and circumstances in the interest of justice."

2. The relevant facts leading to the present petition have been reproduced herein:

    i) Late Smt. Sudha Goel W/o Late Sh. Ram Avtar Goel, is the recorded owner of the property bearing No. F-53, Naveen Shahdra, Delhi (hereinafter `Suit Property'). She had expired on 26th April 2021.

    ii) The petitioner herein is one of the sons of Late Smt. Sudha Goel. The respondents herein are the sons of Mr. Mukul Goyal, and grandchildren of Late Smt. Sudha Goel. Late Smt. Mukta Chandra was the daughter of Late Smt. Sudha Goel. The family chart is mentioned below for reference:

[IMG]

    iii) Late Smt. Mukta Chandra allegedly executed an unattested Will dated 20th January 2015, in the favour of the respondents with respect to her share i.e. 1st Floor with terrace right of the said property.

    iv) On

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