JUDGMENT

Uday Umesh Lalit J.

Leave granted.

2. These appeals challenge the order dated 14.1.2010 in CMM No.846 of 2008 and order dated 2.6.2010 in Review Petition No.58 of 2010 arising out of the said order dated 14.1.2010 in CMM No.846 of 2008, passed by the High Court of Delhi at New Delhi.

3. The appellant under an Agreement of sale dated 27.5.1998 had purchased the property described in the document as under:

“Vacant roof of Ground Floor to Top Floor measuring 106 Sq. yds. Out of Property No.1/51, built on Plot No.A/9, out of Khasra No.163 with rights to construct up to Top floor, stairs leading from Ground Floor to Top Floor, situated at Nirankari Colony, Pardhan Marg, Delhi-110009, and bounded as under:-

NORTH: Road below

SOUTH: Other’s property

EAST: Gali below

WEST: Other’s property”

The appellant submits that in pursuance of the right so conferred, she has erected a building and is in enjoyment thereof.

4. On or about 16.8.2001 the Respondent No.1 herein filed Civil Suit No.229 of 2001 in the Court of Senior Civil Judge, Delhi against the Defendant No.1 i.e. his wife and Defendant Nos. 3 to 5 who are relatives of the Defendant No. 1. The present appellant was joined as