Dismissed

Girish Chander Sharma & Anr. v. Gayatri Devi & Ors.

Delhi HC16 Feb 2024C.R.P./68/2024

Case brief

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What is this about?

The High Court of Delhi dismissed a petition seeking execution of a sale deed and relief under the Hindu Succession Act, 1956. The petitioner was allowed to withdraw the petition with liberty to approach the Court for appropriate legal remedies.

What did the court decide?

The petition is dismissed as withdrawn with liberty to the petitioner to seek appropriate legal remedies in law.

Girish Chander Sharma & Anr. Vs Gayatri Devi & Ors. — Succession and Inheritance | Delhi HC (2024)

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$~32

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- C.R.P. 68/2024

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GIRISH CHANDER SHARMA & ANR. ..... Petitioners Through: Mr. Ravi Sharma and Mr. Pulkit Luthra, Advs.

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versus

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GAYATRI DEVI & ORS. ..... Respondents Through: Mr. L.K. Singh, Mr. Raj Kumar and Mr. Girish Sharma, Advs. for R-5 to R-10

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CORAM:

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HON'BLE MR. JUSTICE DHARMESH SHARMA

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% 16.02.2024

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CAV 74/2024

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Since learned counsel for the caveator/respondents Nos. 5 to 10 has entered appearance, the caveat stands discharged.

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CM APPL. 9443/2024 (Ex.)

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Allowed, subject to all just exceptions.

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The application stands disposed of.

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C.R.P. 68/2024 and CM APPL. 9444/2024 (Seeking execution of

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sale deeds)

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The petitioner is filing the present petition, whose plaint has been rejected by the learned Trial Court under Order VII Rule 11 CPC vide order dated 12.12.2023.

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Learned counsel for respondents No. 5 to 10 is present on advance notice.

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Learned counsel for the petitioner submits that he is seeking relief in terms of Section 22 of the Hindu Succession Act, 1956.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:43:01

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However, the said relief was not claimed in the original suit/plaint. 7. Learned counsel for respondents No. 5 to 10 has urged that the order rejecting the plaint is in the nature of a „decree‟ by virtue of Section 2(2) of the CPC and the same is applicable, and therefore, the present petition is not maintainable.

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After some arguments, learned counsel for the petitioner requests that he may be allowed to withdraw the present petition with the liberty to file a fresh appeal or any other suit based on similar cause of action, if permitted by law.

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The petition is dismissed as withdrawn with liberty to the petitioner to seek appropriate legal remedies in law. The pending application is also disposed of.

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DHARMESH SHARMA, J.

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FEBRUARY 16, 2024 sp

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:43:01

Girish Chander Sharma & Anr. v. Gayatri Devi & Ors.

Case brief

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Girish Chander Sharma & Anr. v. Gayatri Devi & Ors.

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