Fri. Apr 23rd, 2021

Dr. Sukhdev Singh Gambhir vs Amrit Pal Singh Gambhir & Anr on 17 April, 2017

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2. The defendant no.1 Amrit Pal Singh Gambhir preferred RFA

No.836/2005 against the said preliminary decree and which appeal, with the

consent of the parties, was disposed of vide judgment dated 25 th May, 2006

confirming the preliminary decree for partition but by deeming the same to

have been passed by this Court and by further directing that the defendant

no.1 Amrit Pal Singh Gambhir would be at liberty to prove before the Court

that the parties were in possession of their respective share as per the oral

settlement arrived at between the parties.

3. In pursuance to the aforesaid order, the suit was re-numbered as

CS(OS) No.1560/2006 of this Court and vide order dated 10th October,

2006, a fresh preliminary decree of partition declaring share of each of the

three parties in the suit to be 1/3rd each was passed and a Commissioner

appointed to report whether the property is capable of division by metes and

bounds.

Source: Indian Kanoon

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