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AJMER SINGH AND ORS. v. SADHU RAM (DEAD) THROUGH LRS. AND ORS.

Supreme Court of India | Diary 41495/2013

Status

Order

Decided On

2024-11-28

Bench

HON'BLE MR. JUSTICE ARAVIND KUMAR, HON'BLE MR. JUSTICE M.M. SUNDRESH

Petitioner

AJMER SINGH AND ORS.

Respondent

SADHU RAM (DEAD) THROUGH LRS. AND ORS.

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 13868 /2024 [@ SLP [C] NO.12685/2014]

AJMER SINGH AND ORS. Appellant (s)

VERSUS

SADHU RAM (DEAD) THROUGH LRS. AND ORS. Respondent(s)

WITH CIVIL APPEAL NO.14055 /2024 [@ SLP(C) No. 15073/2014]

O R D E R

Applications for condonation of delay in filing

application for setting aside abatement are allowed.

Abatement is set aside.

Applications for substitution are allowed.

Delay condoned.

Leave granted.

One Kashmiri Lal was owning an extent of 14 Kanal

and 17 Marla in the Khewat No.29 and Khatoni No.47 and

Khewat No.51 and Khatoni No.78 amongst other extents

of land. The aforesaid extent of 14 Kanal and 17 Marla

was sold by him in favour of the appellant(s) by way

of a registered sale deed dated 15.05.1980. The

predecessors in interest of the appellant once again

purchased another extent of 21 Kanal and 13 Marla from

2

Kashmiri Lal by way of a registered sale deed dated

10.11.1980. A Civil Suit was filed by the respondents

in Civil Suit No.316-cs/1981 claiming pre-emption

insofar as 14 Kanal and 17 Marla are concerned, being

the subject matter of the sale dated 15.05.1980. It

was dismissed on the ground that there was a

subsequent partition, which attained finality. Suffice

it is to state that by virtue of the said dismissal,

the appellants have also become co-owners.

The appellant also purchased another...

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