EX.F.A.--19/2017. Case: SUMATI WADHWA Vs. PRINCE TANDON & ANR.. High Court of Delhi (India)
| Case Number | EX.F.A.--19/2017 |
| Citation | NA |
| Judgement Date | July 24, 2017 |
| Court | High Court of Delhi (India) |
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Ex.F.A. No.19/2017
% 24th July, 2017 SUMATI WADHWA ..... Appellant
Through: Mr. Surjeet Singh, Advocate. versus
PRINCE TANDON & ANR. ..... Respondents
CORAM: HON’BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL) C.M. No.25728/2017 (exemption)
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Exemption allowed subject to just exceptions. C.M. stands disposed of.
Ex.F.A. No.19/2017 and C.M. No.25727/2017 (stay)
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This Execution First Appeal is filed by the objector against the impugned order of the executing court dated 26.5.2017 dismissing the objections filed by the appellant/objector and who is claiming through the defendant/judgment debtor.
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The facts of the case are that the suit was filed by the plaintiff/Mr. Prince Tandon/respondent no.1 seeking partition of the suit property bearing no.7/544, Indira Park, Jwala Nagar, Shahdara, Delhi-110032. In this suit, the predecessor of the appellant, being defendant in the suit namely Sh. Rajender Kumar Tandon, took up a stand that he had become owner of the suit property on account of the mother Smt. Nirmala Devi who owned the suit property had bequeathed the same to Sh. Rajender Kumar Tandon in terms of the Will executed by Smt. Nirmala Devi. There was no merit found in this defence of the defendant/judgment debtor/Sh. Rajender Kumar Tandon and the suit was decreed in terms of the judgment and decree dated 9.5.2008. The judgment dated 9.5.2008 was challenged before this Court in RFA No.260/2008 and this first appeal of Sh. Rajender Kumar Tandon was dismissed. Thereafter Sh. Rajender Kumar Tandon filed an SLP bearing no.16776/2016 in the Supreme Court and which SLP was also dismissed vide its order dated 16.9.2016. Therefore the partition decree passed on 9.5.2008 by the trial court achieved finality and the defence of Sh. Rajender Kumar Tandon with
respect to his being sole owner of the suit property on account of bequest by Smt. Nirmala Devi stood rejected.
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The present appellant is claiming her rights through Sh. Rajender Kumar Tandon inasmuch as it is pleaded that defendant/Sh. Rajender Kumar...
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