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2018 Supreme(HP) 965

VIVEK SINGH THAKUR
Raja Ashok Pal Sen – Appellant
Versus
Raj Kumari Indira Mahindra – Respondent


Advocates Appeared:
Mr. Ajay Kumar, Senior Advocate, with Mr. Dheeraj K. Vashisth, Advocate, for the Plaintiff; Ms. Seema K. Guleria, Advocate, for the Defendants No. 1 and 2; Mr. Rakesh Dogra, Advocate, for the Defendants No. 3; Mr. G.R. Palsra, Advocate, for the Defendants No. 4 and 9 to 11 and for Appellant in OMP No. 217 of 2015; Mr. Surinder Saklani, Advocate, for the Defendants No. 5 to 8; Ms. Bhavna Dutta & Mr. Sandeep Dutta, Advocates, for the Appellants in OMP No. 24 of 2015

JUDGMENT

Vivek Singh Thakur, J. - During pendency of the present suit filed by the plaintiff seeking decree of declaration in his favour, two applications being OMPs No. 24 and 217 of 2015 have been filed wherein applicants are claiming their entitlement for impleading them as defendants in the suit for entering into two different agreements to sell executed by defendants No. 1 and 9 in favour of applicant(s) in OMPs No. 24 and 217 of 2015, respectively.

2. Both these applications are being disposed of by this common order as common question of facts and law is involved in these applications.

3. In order to determine both these applications, it is necessary to give a brief resume of the case herein.

4. In the present suit, plaintiff and defendant No. 1 are real brother and sister, defendant No. 2 is son of defendant No. 1 and defendant No. 3 was Special Power of Attorney of defendant No. 1, who has executed sale deeds of the suit property in favour of defendants No. 4 to 11.

5. Plaintiff has filed this suit claiming that defendant No. 1 had relinquished her share in the suit property, inherited by her after the death of their parents, in favour of the plaintiff and the said relinqui

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