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2024 Supreme(Del) 356

NEENA BANSAL KRISHNA
Madhu Sharma (Since Deceased) Thr. L. Rs. And Others – Appellant
Versus
Suresh Kaushik And Others – Respondent


Advocates appeared:
Mr. Mahesh K. Chaudhary, Advocate, for the Plaintiffs.
Ms. Parveena Gautam, Advocate, for the Defendant-1 to 4 & 6.
Mr. N.S. Dalal, Mr. Alok Kumar, Ms. Rachana Dalal & Ms. Sweta Kadyan, Advocates, for the Defendant-5 & 5(a).

JUDGMENT (Oral)

I.A. 6822/2022 (u/O VII Rule 11 r/w Section 151 of CPC, 1908 by D-1(b) for rejection of Plaint)

1. By way of present application, the applicant/defendant No. 1(b) seeks rejection of the Plaint.

2. It is submitted in the application that the plaintiffs have filed the Suit for Partition and Rendition of Accounts claiming 1/6th share in the suit properties which were owned by Late Shri Jeet Ram Sharma, father-in-law of plaintiff No. 1 and grandfather of plaintiff Nos. 2 and 3, who died on 03.03.2009.

3. It is asserted that initially the Suit was filed in respect of following properties, namely:

    (i) Two and half storied house built on Property No. H-242, Vikaspuri, New Delhi,

    (ii) Plot of land measuring 1000 sq. yards forming part of Khasra No. 342, Village Pitampura, Delhi,

    (iii) House No. 256, Village Pitampura, Delhi built on a plot of land measuring 1000 sq. yards,

    (iv) Plot bearing No. 2047-P, Sector 9 and 9A, Bahadurgarh (Haryana) allotted by Haryana Urban Development Authority, Bahadurgarh, Haryana in favour of Late Shri Jeet Ram Sharma.

4. Subsequently, the plaintiffs by way of Amendment Application No. I.A. 12114/2011 under Order VI Rule 17 of CPC, 1908 which was allowe

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