# JINESH JAIN vs AMIT JAIN & ORS.

Court: Delhi High Court
Date: 2025-02-12
Citation: CS(OS)-60/2021 2025:DHC:984
Petitioner: JINESH JAIN
Respondent: AMIT JAIN & ORS.

[Official PDF on Delhi High Court website](https://delhihighcourt.nic.in/app/showFileJudgment/59612022025S602021_174502.pdf)

## Judgment text (excerpt)

$-15 * IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 60/2021 Date of Decision: 12.02.2025 IN THE MATTER OF: JINESH JAIN ..... PLAINTIFF Through: None. Versus AMIT JAIN & ORS. .... DEFENDANTS Through: Mr.Hitesh Chopra and Mr.Rahul Kumar, Advocates for D-1. Ms.Harshita, Advocate for Mr.Sameer Vashisht, SC (Civil), GNCTD. HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) I.A. 45899/2024 (under Section 151 of CPC, 1908) 1. The instant application has been filed by applicant-defendant No.1, seeking a refund of the stamp duty amounting to INR 6,00,000/-. 2. It is apparent from the record that a preliminary decree was passed on 28.03.2022, declaring that the plaintiff and the defendants were each entitled to a 1/5th undivided share in the suit property. Thereafter, a final decree dated 11.10.2022 was passed, directing the 3. The applicant-defendant No.1, i.e., Amit Jain, deposited the stamp duty on behalf of all the parties on 18.05.2023, and the final decree was prepared on 25.05.2023. Subsequently, applicant-defendant No.1, filed an execution petition for execution of the final decree. 4. Learned counsel appearing on behalf of applicant-defend

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