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2023 Supreme(P&H) 264

ARCHANA PURI
Manu Sharma – Appellant
Versus
Deepak – Respondent


Advocates Appeared:
For the Petitioner: Mr. Manish Mehta.
For the Respondent: Mr. Ravi Yadav and Mr. Varun Gupta.

JUDGMENT :

Archana Puri, J.

1. Challenge in the present revision petition is to the order dated 03.08.2019 passed by learned Court below, whereby, an application under Order 1 Rule 10 CPC, filed by the petitioner has been dismissed.

2. The material facts, as culled out from the paperbook are that, initially, contesting respondents No.1 and 2, namely Deepak and Parmod, sons of Shyam Lal had filed a suit on 30.03.2017, against their parents for declaration to the effect that suit property is Hindu Joint, ancestral and coparcenery property of the plaintiffs as well as defendants and they have birth right in the said property and also that defendant No.1 (their father) had got passed wrong decree in favour of defendant No.2, with regard to the land measuring 67 Kanals 19 Marlas and also challenged the mutation, based on the same, to be illegal, null and void. Besides the same, respondents No.1 and 2 (who were plaintiffs before the Court below) had also challenged the sale deeds dated 12.05.1999 and 06.05.2008, got executed in favour of defendant No.3, 4 and 5, respectively, without any valid sale consideration.

3. During the pendency of the said suit, petitioner Manu Sharma, filed an appli

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