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2024 Supreme(Del) 384

PRATHIBA M. SINGH
Ankush Gupta – Appellant
Versus
Arun Kumar Gupta – Respondent


Advocates appeared:
Mr. Anish Chawla, Advocate along with Plaintiff in person.
Mr. Akhil Sachar and Ms. Sunanda Tulsyan, Advocates for D-1 to 4.
Mr Abhinav Sharma & Mr Ayush Srivastava, Advocates for D-5 & 6.
Mr. Rohit Oberoi, Mr. Umang Bhatia, Mr. Paramjeet Bhati, Advocates for D-7.

JUDGMENT

1. This hearing has been done through hybrid mode.

2. The present suit which is of the year 2015 emanates from an intra- family dispute between the parties. The said family dispute culminated in a family settlement by means of a Memorandum of Understanding (MoU) dated 29th July, 2010 between the Plaintiff and Defendant Nos 1 to 3. The agreement outlined in the MoU aimed to amicably settle the disputes among the family members by detailing the terms of the settlement, the responsibilities of each party involved, and the distribution of property to each party.

3. The suit has been filed by the Plaintiff- Ankush Gupta seeking inter alia a decree of Rs. 4,00,000/- along with pendente lite interest, a declaration that the MoU dated 29th July, 2010 between the Plaintiff and Defendant Nos. 1 to 3 as void and possession of the one-third share in the property House No. F-29, Hauz Khas Enclave, New Delhi.

4. The relationship between the Plaintiff and the Defendants is encapsulated in the following table:

Defendant No.NameRelationship with Plaintiff/Role of the Defendant1Sh. Arun Kumar GuptaFather2Ms. Alka GuptaMother3Sh. Ankur GuptaBrother4Ms. Urmi GuptaSister-in-law (Bhabhi)5Sh. Vinay G

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