KANAN BAKSHI Vs. ATUL BALI

JUDGEMENT

(1.) THE present appeal has been filed by the appellant under Section 96 of the CPC against the judgment dated 4th April, 2008 passed by the learned Single Judge in CS(OS) No.2076/2007 titled as Smt. Kanan Bakshi v. Atul Bali & Ors.

(2.) BY the impugned judgment, the learned Single Judge has dismissed the claim of the appellant that he is having a 2/3rd share in the suit property bearing Plot no.104, Block B-1, Janakpuri, New Delhi and the balance share of 1/3rd belonging to the respondents. As against this, the learned Single Judge has held that the appellant and the respondents are having one half shares each in the aforesaid property and accordingly passed a preliminary decree in this regard.

(3.) ALTHOUGH on the basis of documents purported to have been executed by the mother of the appellant, the later had got the property mutated but on the basis of the complaint purported to have been made by the respondents, DDA had issued a show cause notice on 19th July, 2007 to the appellant to show cause as to why the mutation may not be cancelled to which the reply was filed by her on 3rd August, 2007. The appellant also filed a suit for partition culminating into the filing of the present appeal.