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S.MURALIDHAR
Anand J. Datwani – Appellant
Versus
Geeti Bhagat Datwani – Respondent


Counsel for the Parties:
For the Plaintiff:Mr. Rajat Navet, Ms. Prachi V. Sharma, Ms. Sanya Talwar and Mr. Kushagra Pandit, Advocates.
For the Defendants:Mr. A.P.S. Ahluwalia, Sr. Advocate with Mr. Vinay Sharma and Mr. S.S. Ahluwalia, Advocates.

JUDGMENT

Dr. S. Muralidhar, J.—This is an application under Order VII Rule CPC filed by Defendant No.1 seeking rejection of the plaint.

2. The above suit has been filed by Mr. Anand Datwani against his wife, Mrs. Geeti Bhagat Datwani and her parents, Mr. Manmohan Bhagat and Mrs. Sumohini Bhagat, Defendants 2 and 3 for partition, declaration and permanent injunction.The Plaintiff seeks partitioning of the property, including the land and building, at 32, Shivji Marg, Westend Greens, Rangpuri, New Delhi (‘the suit property’) in equal shares between the Plaintiff and Defendant No.1 and a declaration that the undertaking given by him on 29th April 2004 is null and void. The Plaintiff also seeks a permanent injunction to restrain the Defendants from dealing with the suit property.

3. The Plaintiff and Defendant No.1 were married on 13th October 1994. A daughter and a son were born on 4th August 1996 and 20th December 1999 respectively. The Plaintiff states that sometime in 1995-96, Defendant No.1, after consulting Defendants 2 and 3, expressed her desire to develop the land at 32, Rangpuri and requested the Plaintiff to provide the finances. According to the Plaintiff, it was mutually ag


























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