SIMRAT KATYAL Vs. VARINDER KATYAL

JUDGEMENT

(1.) REGULAR First Appeal from the Original Side has been filed by the Appellant challenging the Judgment and Order dated 17 th January, 1996 passed by the learned Single Judge in Suit No. 755 of 1992 wherein the suit filed by the Appellant Smt. Simrat Katyal for partition against Varinder Katyal was dismissed.

(2.) SMT. Simrat Katyal, Appellant herein/Plaintiff in Suit No. 755 of 1992 is the widow of late Shri Harinder Katyal. Late Shri Harinder Katyal and Shri Varinder Katyal were the joint owners of property being house No. 21, Bungalow Road, New Delhi. Late Shri Harinder Katyal had married once earlier which had ended in divorce. Later on he got married to the Appellant. He had no children from his first marriage or from the second marriage.

(3.) THIS Honble Court by means of order dated 17 th May, 1990 recorded the settlement arrived at between the parties and also recorded the statement of the parties in I.A. No. 1938/1990 in Suit No. 2009/1985 moved by the parties under Order 23 Rule 3 Code of Civil The Memorandum of undertaking dated 30th April, 1990 Procedure. was made a part of the decree passed by this Honble Court on 17 th May, 1990.