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DELHI HIGH COURT
GAURANG KANTH
Promila Kapoor – Appellant
Versus
State – Respondent


JUDGMENT

Gaurang Kanth, J.

1. The challenge in both these Appeals arises from the common Judgment & Decree dated 28.11.2005 passed by the learned ADJ-06, Central, Tis Hazari District Courts, New Delhi (hereinafter referred to as "impugned judgment"). Vide the said impugned Judgment, the learned Trial Court was pleased to allow the Probate case no. 124/06 titled as Inder Mohan Nagpal & Ors. vs. State & Ors. filed by Mr. Inder Mohan Nagpal (hereinafter referred to as "Respondent No.1") and dismissed the Civil suit no. 158/06 titled as Promila Kapoor Vs Inder Mohan Nagpal & Ors filed by Ms.Promila Kapoor (hereinafter referred to as "Appellant") for declaration, injunction and possession.

Facts relevant for the consideration of the present Appeals are as follows:

2. The factual matrix which emerges out of a perusal of the records is that Late Mr. Dina Nath Arora ("the testator"), who was the father of the Appellant, was born in Lahore on 24.12.1901 out of the wedlock of Late Sh.Charan Das Arora and Smt. Ganga Devi. The testator had a sister namely Smt. Jamuna Devi (grandmother of the Respondent No.1). The testator was working with Northwest Railway, Lahore. Post partition of India

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