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SANJIV KHANNA, NAVIN CHAWLA
Narender Nath – Appellant
Versus
Krishna Gupta – Respondent


Counsel for the Parties:
For the Appellant:Ms. Malavika Rajkotia, Mr. Ranjay N., Ms. Arpita Rai, and Mr. Vaibhav Vats, Advocates
For the Respondents:Mr. Sudhanshu Batra, Senior Advocate with Mr. H.D. Talwani and Mr. S.N. Choudhary, Advocates

JUDGMENT (ORAL)

Sanjiv Khanna, J.—The present intra court appeal under Order 43, Rule 1 of the Civil Procedure Code of, 1908 read with Section 10 of the Delhi High Court Act, 1968 impugns order dated 11th February, 2013 passed in IA No.7915/2011 filed by the appellant (defendant no.2 in the suit) in CS(OS) No.663/2011.

2. The impugned order also disposed of application No.7857/2011 filed by Ram Chander Nath, HUF, defendant no.4 in the said suit. The said defendant has not preferred any appeal.

3. Respondent nos.1 and 2 Smt. Krishna Gupta and Ms. Madhu Agarwal are the two plaintiffs who have filed CS(OS) No.663/2011 seeking partition, possession, rendition of accounts, permanent and mandatory injunction in respect of properties of Rajinder Nath and Co. HUF, defendant nos.1 and Ram Chander Nath, HUF.

4. The following table gives the relationship between the parties to the present appeal and the suit:-

5. The plaint claims and asserts that pursuant to the amendment to the Hindu Succession Act, 1956 by way of Hindu Succession Amendment Act, 2005, the plaintiff being daughters have acquired a right, title or interest in the Joint Hindu Family properties and are entitled to seek and pray






















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