RAJIV SAHAI ENDLAW
Samarjit Chakravarty – Appellant
Versus
Tej Properties Pvt. Ltd. – Respondent
1. On 15th April, 2014, the following order was passed in these suits:
“1. The files are taken up today as 14th April, 2014 was declared a holiday.
2. The two suits, vide order dated 5th March, 2014, were ordered to be consolidated for the purposes of trial and decision and are listed today for framing of consolidated issues.
3. Though the counsel for Samarjit and Arati and the counsel for Tej and Prabhjit handed over proposed issues but while the issues proposed by counsel for Samarjit and Arati are found to be suit-wise and not consolidated, from the issues proposed by counsel for Tej and Prabjit, no clarity emerged. Owing to cases of two days being listed, there was no time to peruse the voluminous pleadings in the Court, accordingly, the files were sent to chamber, for framing appropriate issues after perusing the pleadings.
4. The position of the parties in the two suits is as under:
5. The position which emerges upon going through the pleadings in the two suits is as under:
(i) the suits concern land admeasuring 8 bighas and 5 biswas situated in Village Chattarpur, Tehsil Mehrauli, New Delhi;
(ii) the said land was owned by Sushil K. Chakravarty who had mortgaged the
Shipping Corporation of India Vs. Machado Brothers (2004) 11 SCC 168.
Prataprai Trambakal Mehta Vs. Jayant Nemchand Shah AIR 1996 Bom 296
Vannarakkal Kallalathil Sreedharan v. Chandramaath Balakrishnan (1990) 3 SCC 291
Rajender Singh v. Ramdhar Singh (2001) 6 SCC 213
Kancherla Lakshminarayana v. Mattaparthi Syamala (2008) 14 SCC 258
Thomson Press (India) Limited Vs. Nanak Builders and Investors Private Limited (2013) 5 SCC 397
Deewan Arora Vs. Tara Devi Sen 163 (2009) DLT 520
Sunil Kapoor Vs. Himmat Singh 167 (2010) DLT 806
State of Punjab (Now Haryana) v. Amar Singh (1974) 2 SCC 70
Prithvichand Ramchand Sablok v S.Y. Shinde (1993) 3 SCC 271
Pushpa Devi Bhagat (decd.) v. Rajinder Singh (2006) 5 SCC 566
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