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2024 Supreme(Del) 611

NEENA BANSAL KRISHNA
Capt. Kunal Khajuria – Appellant
Versus
Major General Sudhir Mohan (Retd. ) – Respondent


Advocates appeared:
Mr. Y.P. Narula, Senior Advocate with Mr. Abhay Narula, Advocate, for the Plaintiffs.
Mr. Anupam Lal Das, Senior Advocate with Mr. Ujjwal Jha, Mr. Anirudh Singh & Mr. Rohan Gupta, Advocates, for the Defendant-2.
Mr. Rishi Sood & Mr. Gurjit Singh, Advocates, for the Defendant-4.

JUDGMENT

Neena Bansal Krishna, J.

I.A. 11402/2023 (u/O XIII Rule 1 of CPC, 1908 by D-2)

I.A. 13406/2023 (u/S 151 of CPC, 1908 by D-2)

1. By way of I.A. 11402/2023, the applicant/defendant No. 2 seeks a direction to the non-applicant/plaintiff to lead his evidence first.

2. By way of I.A. 13406/2023, the applicant/defendant No. 2 seeks the recall of Order dated 10.5.2022 by way of which the applicant was directed to lead his evidence first.

3. Briefly stated, the Late Shri Narain Mohan was the sole and absolute owner of the property bearing No. D-230 Defence Colony, New Delhi (hereinafter referred to as the "suit property"). He had 2 daughters i.e. Late Lilleen Khajuria (represented by her son/plaintiff) and Nishi Mohan (defendant no. 3) and two sons i.e. Sudhir Mohan (defendant no. 1) and Ranbir Mohan (defendant no. 2).

4. The plaintiff has filed the present Suit for Partition, Permanent and Mandatory Injunction and for Possession of 1/4th share in the property bearing No. D-230 Defence Colony, New Delhi (hereinafter referred to as the "suit property") left behind by her maternal grandfather late Shri Shyam Narain Mohan.

5. It is submitted in I.A. 11402/2023 by defendant No.2 that plaintif

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