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2019 Supreme(SC) 368

A.M.SAPRE, DINESH MAHESHWARI
Rajinder Tiwari – Appellant
Versus
Kedar Nath(Deceased) Thr. L. Rs. – Respondent


Advocates Appeared:
For the Appellant : Mr. R.K. Kapoor, Adv. Ms. Kheyali, Adv. Ms. Shweta Kapoor, Adv. Mr. Rajat Kapoor, Adv. Mr. Anis Ahmed Khan, AOR
For the Respondent: Mr. Vipin Kumar Jai, AOR

JUDGMENT

Abhay Manohar Sapre, J.

1. Leave granted.

2. These appeals are directed against the final judgment and order dated 03.11.2016 passed by the High Court of Delhi at New Delhi in R.S.A. No.188 of 2010 whereby the High Court allowed the RSA filed by the respondents herein and order dated 26.04.2017 in CM(Application) No.46865 of 2016 by which the High Court dismissed the application for rehearing of the second appeal filed by the appellant herein.

3. A few facts need mention hereinbelow for the disposal of the appeals, which involve a short point.

4. The appellant is the plaintiff and the original respondent (now represented by his legal representatives) is the defendant in the civil suit out of which these appeals arise.

5. The appellant(plaintiff) filed Civil Suit No. 147 of 2007 against the original respondent(defendant) in the Court of Senior Civil Judge-cum-Rent Controller(North East Dist.), Karkardooma Courts, Delhi for permanent injunction in relation to the suit property.

6. It is not in dispute that the defendant’s right to file the written statement was closed by the Senior Civil Judge with the result, the defendant could not file his written statement and nor could


















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