Ravi Malhotra vs Prem Malhotra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
VIPIN SANGHI, REKHA PALLI
Ravi Malhotra – Appellant
Versus
Prem Malhotra – Respondent

Table of Content
1. co-ownership and joint possession are affirmed. (Para 1 , 2 , 3)
2. court fees issue to be determined at final hearing. (Para 4)
3. defendant's claims about possession are rejected. (Para 5 , 6 , 7 , 8)
4. plaintiffs can remedy court fee deficiencies. (Para 9)
5. appeal dismissed based on lack of merit. (Para 10)

JUDGMENT

Vipin Sanghi, J. (Oral)--The present appeal is directed against the order dated 11.09.2018 passed by the learned Single Judge rejecting the appellant/defendant's application being I.A. No. 23748/2014 under Order VII Rule 11 CPC. The appellant has also assailed the order dated 05.10.2018 passed in Review Petition No. 383/2018, whereby the review sought by him against the order dated 11.09.2018 was also rejected.

2. The respondents/plaintiffs instituted a suit against the appellant/defendant to seek a decree for partition and permanent injunction in respect of property No. 17, Road No. 8, Punjabi Bagh, New Delhi on the premise that the plaintiffs and the defendant are co-owners of the said property.

3. After the demise of their father, Late Shri Jaidev Malhotra, the plaintiffs are residing in USA and therefore, the suit has been instituted through

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