URMIL WADHAWAN Vs. SONNY SARNA

JUDGEMENT

(1.) This appeal has been filed under Order XLIII Rule 1 of Code of Civil Procedure, 1908 ('CPC') read with Sec. 10 of Delhi High Court Act, 1966 ('Act of 1966') challenging the impugned order dtd. 3/1/2024, passed in CS (OS) No. 1642/2012, whereby the learned Single Judge after reframing the issues in the suit, reiterated the direction issued earlier on 4/11/2022, as regards the defendant nos. 1 and 2 to lead evidence first. The learned Single Judge observed that since, the possession of defendant no.1 in the property bearing no. 211, Jor Bagh, New Delhi - 110003 ('suit property') is admitted, it is for defendant no.1 to show that it was in part performance under Sec. 53-A of Transfer of Property Act, 1882.

(2.) The Appellant Nos. 1 and 2 are defendant nos. 1 and 2 respectively. The Respondent Nos. 1 and 2 are plaintiff nos. 1 and 2 respectively. The Respondent Nos. 3 to 19 are defendants nos. 3 to 19 respectively; the said Respondents are non-contesting proforma parties in the suit and no relief is claimed against them.

(3.) The Respondent Nos. 1 and 2 are claiming to be joint owners, along with Respondent Nos. 3 to 19, of the specified (undivided) shares in the suit property.