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2024 Supreme(Del) 432

PRATHIBA M. SINGH
Rishu Gupta – Appellant
Versus
Rachna Gupta – Respondent


Advocates appeared:
Mr. Lalit Gupta and Mr. Prashant Mehra, Advocates with Plaintiff and his father in person.
Mr. Sanjeev Mahajan, Mrs. Sarika V. Mahajan, Mr. Pranjal Tandon, Advocates (M: 8840351243) with Defendant, her husband and son in person.

JUDGMENT

Prathiba M. Singh, J. (Oral) - This hearing has been done through hybrid mode.

2. This is a dispute between the family members. The suit seeks partition of the property bearing No.577-78, Katra Asharfi, Chandni Chowk, Delhi, built up on a land measuring 32 Sq. Yards, comprising of ground floor, mezzanine floor, first floor, second floor and terrace floor (hereinafter referred as the `suit property').

3. The Defendant in the present case is the paternal aunt (chachi ji) of the Plaintiff. Defendant being the wife of Mr. Ravindra Nath Gupta who is the real brother of the father of the Plaintiff namely Mr. Raghvendra Nath Gupta. It is not in dispute that the Plaintiff and the Defendant are the joint owners of the property i.e. 50% share each in the above mentioned suit property.

4. This Court, vide order dated 25th April, 2022, had passed a preliminary decree in the following terms.

    "3. Learned counsel appearing for the defendant under instructions submits that he does not dispute that the parties are joint owners of the properties. He, however, submits that there are two shops which were purchased by two different sale deeds; one bearing No. 577 and the other bearing No. 578.

    4. Si

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