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DELHI HIGH COURT
PRATHIBA M.SINGH
Kiran Bala – Appellant
Versus
Subhash Sahni – Respondent


JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done in physical Court. Hybrid mode is permitted only in cases where permission is being sought from the Court.

2. The present petition arises out of the impugned order dated 28th May, 2019 passed by the Ld. ADJ-11 (Central), Tis Hazari Courts, Delhi in CS No.184/2018 titled "Subhash Sahni & Anr. v. Tarun Sahni & Ors." (hereinafter "Trial Court"). By the impugned order, the application under Order I Rule 10 CPC filed by the Petitioner has been rejected by the Trial Court. The operative portion of the impugned order reads as under:

    "This Court has gone through the record carefully. The plaint is bereft of any pleadings regarding existence of HUF. The sale deed dated 9.12.1998 in respect of suit property was executed between previous owner Sh. Inderjit Singh Bajaj and purchaser namely Shyam Sunder Sahni, Ramesh Sahni and Subhash Sahni. It is a registered Will.

    Clause 4 of it states that possession of the ground floor is with a tenant namely Peshawar Sweets Bhandar but as to how it is related with rights and interest of the applicant is not clarified anywhere in the application at hand or even in the rejoinder filed by the

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