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HIGH COURT OF DELHI
MR. JUSTICE ANISH DAYAL, J
SH. SUBHASH CHANDRA JARODIA – Appellant
Versus
SH. VIJAYINDER KUMAR & ORS. – Respondent
| Table of Content |
|---|
| 1. plaintiff filed suit for declaration (Para 1 , 2) |
| 2. defendant's contention on property (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. court's ruling on maintainability (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 4. application for rejection dismissed (Para 32) |
JUDGMENT :
I.A. 29995/2024 (Application under Order VII Rule 11 CPC)
2. The suit was filed by plaintiff for a declaration of the registered gift deed dated 06th September 2021, executed by Late Sh. Chander Bhan in favour of defendant no.1 in respect of the property bearing No. M-111, Saket, New Delhi- 110017 (‘suit property’), as ‘null & void’, as well as declaring the registered Will dated 26th July 2017, executed by Late Sh. Chander Bhan in favour of defendant no.1 as ‘null & void’. Additionally, plaintiff seeks a permanent injunction restraining defendant no.1 from creating third-party rights over the said property. Late Sh. Chander Bhan passed away on 05th February 2023, at the age of 92, leaving behind Class I legal heirs – eldest son (plaintiff), younger son (defendant no.1), and three daughters (defendant nos.3-5). By the present application, def
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