DILEEP NEVATIA Vs. HARISH LOYALKA

JUDGEMENT

(1.) The present Appeal impugns a common order dtd. 26/2/2019 by which the Learned Single Judge has dismissed two Notices of Motion, i.e., Notice of Motion No. 1696 of 2016 ("the First Motion") and Notice of Motion No. 1228 of 2016 ("the Second Motion") filed by the Appellants. The Appellants are Defendant No. 1 and 2 in the captioned Suit ("the said Suit") and the Plaintiffs in the captioned Counter Claim ("the said Counter Claim").

(2.) The said Suit was filed by one Snehlata Nevatia ("Original Plaintiff") inter alia seeking a declaration that a Family Agreement dtd. 22/9/1990 ("the Family Agreement") entered into between the Original Plaintiff, her husband and essentially her children in the said Suit is void and not binding upon the Original Plaintiff. The Appellants have filed a Counter Claim inter alia seeking specific performance of the Family Agreement as also specific performance of what the Appellants have referred to as a Writing of Family Arrangement which infact is a declaration by original Plaintiff dtd. 27/11/1992 ("the said Declaration") executed by the Original Plaintiff.

(3.) The Original Plaintiff in the course of her cross examination in answer to a question put to her on the said Declaration, has answered as follows, viz.