Om Prakash (Deceased) Thr Lrs & ORS v. Sunita Khanna

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1427/2018 OM PRAKASH (DECEASED) THR LRS & ORS ..... Petitioners Through : Mr.Parmod Kr Sharma and Mr.Manish Kr Sharma, Advocates.

versus SUNITA KHANNA ..... Respondent Through : NEMO.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 27.11.2018 CM APPL.49195/2018 Exemption allowed, subject to all just exceptions. The application stands disposed of.

CM(M) 1427/2018, CM APPL.49194/2018 This petition challenges the order dated 17.09.2018 passed by the learned Trial Court whereby an application under Order VI Rule 17 CPC moved by respondent for giving better particulars of the premises in dispute was allowed.

It is the grievance of the petitioner that earlier the suit was filed qua the premises bearing No.8382 whereas in the amended plaint, the title of the suit shows it is qua the property bearing Nos.8387,8395, and 8396. It is not disputed the suit premises which is now being shown in the amended plaint is also reflected in the sale deed dated 02.07.2010 in favour of the respondent and that the other particulars

of the tenanted premises are also similar, hence I do not find any infirmity in the impugned order passed by the learned Trial Court. The petition is accordingly dismissed. The pending application also stands disposed of.

CAV 1089/2018 In view of above order as also non-appearance on behalf of the respondent/Caveator, the petition stands disposed of. YOGESH KHANNA, J.

NOVEMBER 27, 2018 M