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2023 Supreme(All) 1691

J. J. MUNIR
Kamla Kapoor (Since Deceased) – Appellant
Versus
Neelam Kapoor – Respondent


Advocates Appeared:
For the Revisionist : Ashutosh Yadav, Abhilasha Singh, Shyam Lal.
For the Opposite Party : Vikash Chandra Tiwari, Abhijeet Mukherji, Sushmita Mukherjee.

JUDGMENT :

1. This civil revision is directed against the order of Smt. Neelu Mainwal, the then Civil Judge (Sr. Div.), Gautam Budh Nagar dated 09.12.2019, ordering a stay of Original Suit No.654 of 2017, under Section 10 of the Code of Civil Procedure, 1908 (for short, 'the Code').

2. The facts giving rise to this revision are these:

Kamla Kapoor, wife of the late Maharaj Kumar Kapoor, instituted Original Suit No.465 of 2015, seeking reliefs of declaration and permanent prohibitory injunction. Kamla Kapoor has since died and has been substituted in the suit by her daughter, Smt. Ruchi Sharma as plaintiff No.1/1. Kamla Kapoor, the deceased, represented by her legal representative, shall hereinafter be called 'the plaintiff'. Original Suit No.465 of 2015, which shall, for the sake of brevity, be called hereinafter as 'the suit of 2015', was instituted by the plaintiff against Neelam Kapoor, widow of the late Rajan Kapoor, Ravindra Kapoor and Pallavi Kapoor, the son and the daughter respectively of the late Rajan Kapoor, besides Ritika Madan, widow of the late Pradeep Madan. Apart from four of these defendants, the fifth defendant to the suit of 2015 are the New Okhla Industrial Develop

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