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2025 Supreme(Online)(Del) 7352

IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR, JJ
M/s GUPTA INTERNATIONAL & ORS – Appellant
Versus
SHRI ASHOK KUMAR SINGHAL & ANR. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. T.K. Ganju, Mr. Aquib Ali, Ms. Anupriya Nigam Sharma, Ms. Amreen Khaliq, Mr. Arsh Kaul, Mr. Pranay Lakhanpal
For the Respondents: Mr. P.D. Gupta, Mr. Abhishek Gupta

ANIL KSHETARPAL, J.

1. Through the present Appeal, the Appellants (Plaintiffs before the learned Single Judge) assail the correctness of the Judgment dated 18.04.2018 [hereinafter referred to as ‘Impugned Judgment’], whereby the learned Single Judge dismissed the Appellants’/Plaintiffs’ suit for possession, mesne profits, cancellation of documents, etc.

2. The Appellant Nos.1, 2 and 3 were Plaintiff Nos.1, 2 and 3 in the suit, whereas Respondent Nos.1 and 2 were Defendant Nos.1 and 2. Herein, the parties shall be referred to by their status and ranking in the suit, i.e., CS(COMM) No. 1666/2016.

FACTUAL MATRIX:

3. In order to comprehend the issues involved in the present case, relevant facts in brief are required to be noticed.

4. The Plaintiff Nos.2 and 3 are wife and husband, whereas Defendant Nos.1 and 2 are related to each other as brother-in-law and sister-in-law. Defendant No.1 proposed an idea to Plaintiff No.3 to carry on a business under the partnership. Since Plaintiff No. 3 was a government employee, it was decided that Plaintiff No.2 and Defendant Nos.1 and 2 would be partners in the partnership firm. Accordingly, on 16.05.1998, a partnership firm was constituted under the na

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