Jugal Kishore Khanna (D) vs Sudhir Khanna 2024 INSC 224 – Partition Suit

Summary: Two Suits claiming partition of 2 properties- Trial Court dismissed suits – HC dismissed appeal against dismissal of one suit while allowed appeal against dismissal of another suit – Disposing appeals, SC held: the Impugned Judgment inasmuch as it relates to the Kamla Nagar property viz. RFA No.439 of 2008 stands set aside and the Judgment and Decree passed by the the Additional District Judge, Karkardooma Courts, Delhi in Suit No.70/06/83 dated 28.07.2008 relating to the Kamla Nagar property stands restored. It is further held that the appellants are the exclusive owners of the Kamla Nagar property described hereinbefore. The Impugned Judgment insofar as it relates to RFA No.483 of 2008 is upheld. Accordingly, Civil Appeal No.1591 of 2020 is allowed and Civil Appeal No.1592 of 2020 is dismissed.

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