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2024 Supreme(Del) 296

DHARMESH SHARMA
Kamlesh – Appellant
Versus
Sunita Sharma – Respondent


Advocates appeared:
Mr. Zahid Ali and Mr. M. Shakeel, Advocates, for the Petitioner; Mr. Anuroop P.S. & Mr. Vikas Dudeja, Advocates, for the Respondent

JUDGMENT

Dharmesh Sharma, J. - This Civil Revision Petition is preferred by the petitioner in terms of section 115 of the Civil Procedure Code, 1908, who was the defendant before the learned Trial Court (hereinafter referred as the petitioner/defendant), assailing the Impugned Judgment dated 29.08.2022 passed by the learned Additional District Judge-04, South East, Saket Courts, New Delhi (Trial Court) in suit bearing CS No. 936/2018, whereby suit of the respondent/plaintiff instituted on 08.06.2018 under Section 6 of the Specific Relief Act, 1963(Act), was decreed.

2. The case of the respondent/plaintiff before the learned Trial Court was that the property bearing No. TA-33A/2, Tugalkabad Extension, New Delhi (Suit property) was originally owned by one Mr. Rampal, who died intestate and the right, title and interests in the same were inherited by his widow, two sons and three daughters. It was claimed that there was effected an oral family settlement amongst the legal heirs and consequent thereto, while the first floor of the suit property which has been in occupation of the petitioner/defendant, who is the wife of Mr. Hukum Singh S/o late Sh. Rampal, was left for intact, the rest o

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