Charan Singh Sharma vs Veena Devi & Ors
2015 Latest Caselaw 1644 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+                       CS(OS) 3236/2012

                                                 Decided on : 25.02.2015

IN THE MATTER OF:
CHARAN SINGH SHARMA                                 ..... Plaintiff
                  Through : Mr. S.K. Rungta, Sr. Advocate with
                  Mr. Prashant Singh, Advocate with
                  plaintiff in person.


                        versus
VEENA DEVI & ORS                                     ..... Defendants
                        Through : Mr. Abhishek Mudgal, Adv.
                        for D-1 to 4 & 7.
                        Mr. Ankur Singhal, Advocate for D-5 & 6.

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J.(Oral)

1.

The plaintiff has instituted the present suit against the defendants

seeking declaration, cancellation of the sale deed, relinquishment deed,

etc., in respect of plot bearing No.634, measuring 200 sq. yards situated

in village Salimpur Majra, Madipur, Delhi.

2. Pleadings are complete and the suit is listed for framing of issues.

3. Learned counsel for the defendants No.1 to 4 and 7 has raised an

objection with regard to the maintainability of the present suit on the

ground that the plaintiff has already instituted a suit against defendants

No.2 and 5 to 10 for a decree of declaration in respect of the very same

property and the said suit is pending adjudication in the court of the

learned ADJ, Rohini Courts, wherein pleadings have been completed. He

submits that in view of the aforesaid position, the present suit is barred

by res judicata.

4. Mr. Rungta, learned Senior Advocate appearing for the plaintiff

states, on instructions, that he may be permitted to withdraw the

present suit, while reserving the right of the plaintiff to pursue the

aforesaid suit filed prior in time and pending in the trial court and also to

file an amendment application therein for seeking additional reliefs, in

accordance with law.

5. In view of the aforesaid submission, the present suit is disposed of

with liberty granted to the plaintiff to pursue the suit filed by him in the

trial court in respect of the suit property. If the plaintiff files an

application for seeking amendment of the plaint in the said suit, the

same shall be considered and decided by the concerned court in

accordance with law.

                                                      (HIMA KOHLI)
FEBRUARY 25, 2015                                        JUDGE
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