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2023 Supreme(Del) 3758

CHANDRA DHARI SINGH
Parveen Kumar – Appellant
Versus
Sunil Sharma – Respondent


Advocates appeared:
Ms.Sangeeta Jain, Advocate, for the Petitioner.
Nemo, for the Respondent.

ORDER

Chandra Dhari Singh, J. (Oral)--The present petition is filed under Section 115 of the Code of Civil Procedure, 1908 (hereinafter "CPC") on behalf of the petitioner seeking the following reliefs:

    "i. To call for the records of CS No. 424/2020 titled Sunil Sharma & Ors. Vs. Parveen Kumar from the court of Sh. Ajay Gulati, ADJ Central, THC Delhi which is now fixed on 20.7.2023.

    ii. Be pleased to set-aside/quash/annul the impugned order dated 15.4.2023 passed Ajay Gulati, ADJ Central, THC Delhi in civil suit No. 424/2020 titled as Sunil Sharma & Ors. Vs. Parveen Kumar.

    iii. And be pleased to allow the application under order 7 rule 11 read with Section 151 CPC on behalf of the defendant.

    iv. Pass such other and further order/orders as this Hon'ble Court may deem just, fit and proper in the facts and circumstances of the case."

2. The facts leading to the filing of the instant petition are reproduced herein for reference:

    a. An Agreement to Sell dated 9th September 2004 (hereinafter "ATS"), was executed between the petitioner and the respondents which include Mr. Sunil Sharma and Mr. Sanjay Sharma (since deceased). It is alleged that in the said ATS `the entire second floor along with

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