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RFA/58/2019 of GAYATRI GUPTA Vs RUBY SHARMA & ORS

Court
Delhi High Court
Decision date
2019-01-23
Case number
17487 of 2019

Parties

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IN THE HIGH COURT OF DELHI AT NEW DELHI+ RFA 58/2019

GAYATRI GUPTA

..... Appellant Through: Dr. Jose P. Varghese, Adv. with Mr. Dhruv Jose and Mr. A. Loseph, Advs.

versus

RUBY SHARMA & ORS

Through:

..... Respondents

CORAM:HON'BLE MR. JUSTICE V. KAMESWAR RAO O R R% 03.05.2019

CM No. 17487/2019

This is an application filed by the appellant seeking review of order dated January 23, 2019. According to Dr. Jose P. Varghese, learned counsel appearing for the appellant there is an error apparent on the face of the record, inasmuch as it is concluded that the appellant had only paid sum of Rs.1,88,000/- to the respondents / defendants pursuant to the agreement to sell. He by drawing my attention to page 70 of the paper book which is part of the order of the Trial Court contends that the appellant herein had also got loan sanctioned in his favour and in fact had handed over cheque for Rs.4,12,000/- and Rs.13,000/- in cash to the respondents which aspect is

also admitted by the respondent No.1 in her legal notice dated August 10, 2007. The said payment of the cheque was stopped by the appellant and on her coming to know that the suit property had been mortgaged by the respondent No.1 with the ICICI Bank for an amount of Rs.8,25,000/-. In substance, it is his submission that these aspects have not been considered in the impugned judgment.

Issue notice to the respondents, returnable on August 14, 2019.

V. KAMESWAR RAO, J

MAY 03, 2019/aky