Rajesh Chopra v. S K Chopra & Ors.
Case brief
What is this about?
The High Court of Delhi set aside the impugned order dated September 28, 2015, which had set aside an earlier order. The Single Judge was directed to proceed with the trial from where it was left, considering the interpretation of the will and the mode of partition.
What did the court decide?
The impugned order dated September 28, 2015 was set aside with a direction for the Single Judge to proceed from the order dated April 06, 2015.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
- $~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI
- FAO(OS) 641/2015
RAJESH CHOPRA ..... Appellant Represented by: Mr.Rakesh Tiku, Sr.Advocate instructed by Mr.Sandeep Kumar, Advocate
versus
S K CHOPRA & ORS ..... Respondents Represented by: Mr.Lalit Gupta, Advocate with Ms.Garima Goel, Advocate for R-1 Mr.Sunil Malhotra, Advocate with Mr.Amit Sanduja, Advocate for R-2 and R-3
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 05.02.2016
FAO(OS) 641/2015
- The impugned order reads as under:-
“The plaintiff filed the suit for partition and permanent injunction. The preliminary decree in the above said matter was passed on 6th April, 2015 in terms of para 13 of the said order which reads as under:-
Issues for consideration
3 issues framed by the court
Whether the preliminary decree passed by the Single Judge is to be set aside.
Whether the interpretation of the will and the subsequent method of partition were correctly deferred.
Whether the legal heirs of the deceased defendant should file affidavits to give up their defense regarding adverse possession and construction costs.
Parties & counsel
- appellant
Rajesh Chopra
- respondent
S K Chopra & Ors.
Coram
Pradeep Nandrajog
Case details
As recorded by the court registry
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