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march 2025

Delhi High Court · 2025-03-21

K S FORGE METAL PVT LTD vs SH K K AGGARWAL SINCE DECEASED THROUGH HIS LEGAL HEIRSSMT. DEEPIKA AGGARWAL & ORS.

Citation / case number
CM(M)-2012/2024 2025:DHC:1923
Court
Delhi High Court
Petitioner
K S FORGE METAL PVT LTD
Respondent
SH K K AGGARWAL SINCE DECEASED THROUGH HIS LEGAL HEIRSSMT. DEEPIKA AGGARWAL & ORS.
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Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 21st March, 2025 CM(M) 2012/2024 &CM APPL. 13018/2024 K S FORGE METAL PVT LTD .....Petitioner Through: Mr. Rajesh Pathak, Advocate. versus SH K K AGGARWAL SINCE DECEASED THROUGH HIS LEGAL HEIRS SMT.DEEPIKA AGGARWAL & ORS. .....Respondent Through: Mr. Aloke Kumar Bhattacharya & Mr. Vivek Pandey, Advocates for Respondent No. 4(b) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is aggrieved by order dated 06.01.2024 whereby learned Trial Court has turned down its request to amend the plaint. 2. The fact lies in a narrow compass. 3. The petitioner has filed a suit for declaration, possession and permanent injunction. At the time of institution of the abovesaid suit, the property in question i.e. industrial plot situated at Rajasthani Udyog Nagar, Delhi was with defendant No.1 and as per the prayer clause, the plaintiff had, inter alia, sought decree of possession against defendant No.1 with direction to him to hand over the possession of such plot to the plaintiff Company. 4. It also needs to be highlighted, right here, that the above suit was, 2007. 5. When the abovesaid suit was taken by this Court o