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NAJMI WAZIRI
Sujata Sharma – Appellant
Versus
Manu Gupta – Respondent
Najmi Waziri, J.—The issue which is to be decided in this case is whether the plaintiff, being the first born amongst the co-parceners of the HUF property, would by virtue of her birth, be entitled to be its Karta. Her claim is opposed by defendants Nos. 1 to 4 while the defendants Nos. 5 to 9 have given their ‘no objection’ to it and their ‘NOC’ has been filed along with the plaint. Therefore, defendant Nos. 5 to 9 are virtually plaintiffs. Defendants No. 10 and 1 1 state that their position is to be determined as per law. Ms. Mala Goel, the learned counsel for the plaintiff, submits that the parties to the suit are the co-parceners of the D.R.Gupta & Sons, HUF.
2. The suit property comprises residential property at 4, University Road, Delhi-110007 and some movable properties and shares such as (i) Shares of Motor and General Finance Ltd.; (ii) Deposits with Motor and General Finance Ltd.; (iii) Bank of Account in Bank of India, Asaf Ali Road; and (iv) Bank Account in Vijaya Bank, Ansari Road.
3. To determine the lis in this case, the following issues were framed vide order dated 15.09.2008:
1. Whether the suit has been valued properly and proper court fee has been paid ther
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