LAWS(DLH)-2016-3-243

ASHOK KUMAR Vs. ANIL AGGARWAL & ORS.

Decided On March 09, 2016
ASHOK KUMAR Appellant
V/S
Anil Aggarwal And Ors. Respondents

JUDGEMENT

(1.) RFA No.75/2015 impugns the judgment and decree (dated 4th September, 2014 of the Court of Additional District Judge -17 (ADJ) (Central), Tis Hazari Courts, Delhi) of dismissal of CS No.214/2014, Unique I.D. No.02401C0418042002 filed by the appellant for declaration and injunction on the preliminary issue of being barred by Section 69 of the Indian Partnership Act, 1932.

(2.) The said appeal came up before this Court first on 9th February, 2015 and on 20th February, 2015 notice thereof was issued. The counsel for all the six respondents entered appearance and the trial court record was requisitioned. When this appeal was listed last on 30 th November, 2015, it was informed that connected RFA No.219/2015 was listed on 9 th March, 2016. Accordingly, this appeal was also posted for today.

(3.) RFA No.219/2016 impugns the judgment and decree (dated 17th December, 2014 of the same ADJ -17 (Central), Tis Hazari Courts, Delhi) on admissions in CS No.146/2014 filed by Smt. Santosh Aggarwal (Santosh) (who died during the pendency of the suit and was substituted by respondents no.1 to 4 viz. Pawan Aggarwal (Pawan), Rahul Aggarwal (Rahul), Payal Mittal (Payal) and Sonal Aggarwal (Sonal)) and Anil Aggarwal (Anil) being respondent no.5 against respondents no.7 to 11 viz. M/s Om Ram Dharam Kanta, Sh. Rajinder Aggarwal (Rajinder), Smt. Laxmi Devi (Laxmi), Smt. Veena Rani (Veena) & Smt. Krishna Devi (Krishna) as also against Ashok Aggarwal (Ashok) being the appellant in the said appeal, for recovery of possession of property No.1 -A, Shahzada Bagh Extension, Delhi.