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2011 Supreme(P&H) 1484

RAM CHAND GUPTA
S. C. Bhalla – Appellant
Versus
Rajinder Kaur Sandhu – Respondent


Advocates:
For the Petitioner in Civil Revision No.4683 of 2010:Mr. Sumit Mahajan, Sr. Advocate with Mr. Vaibhav Sehgal, Advocate.
For the Respondents no.1 to 6, No.4683 of 2010:Mr. Rajiv Atma Ram, Sr. Advocate with Mr. Arjun Partam Atma Ram, Advocate & Mr. R.S. Mann, Advocate.
For the Respondents no. 8 to 9 and Mr. M.L. Sarin, Sr. Advocate with Mr. Nitin
Petitioners in C.R.No.7295 of 2010:Sarin, Advocate.
For the Respondents No.10 to 13:Mr. Mohinder Nain, Advocate.

JUDGMENT

Mr. Ram Chand Gupta, J.: - Both the aforementioned revision petitions filed under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure (hereinafter to be referred as the ‘Code’) are against order dated 24.5.2010, passed by learned Additional District Judge, Chandigarh, in Civil Miscellaneous Appeal No.18 of 2.5.2006 allowing appeal filed by respondent-plaintiff through her legal representatives against order dated 4.4.2006 passed by learned Civil Judge, Junior Division, Chandigarh, vide which applications filed under Order 40 Rule 1 and under Order 39 Rules 1 and 2 of the Code by respondent-plaintiff were disposed of.

2. Briefly stated, defendant no.3-Bhupinder Singh was full owner of shop-cum-office No.40, Sector 7C, Chandigarh, i.e., the premises in dispute. He had sold specific shares of that property to different persons at different times. There is no dispute that at present, the present petitioners alongwith respondent-plaintiff and other respondents-defendants are coowners in the entire property in the ratio mentioned below:-

(i) Smt. Rajinder Kaur -plaintiff (since deceased)

and now represented by her legal representatives






























































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