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2022 Supreme(SC) 694

INDIRA BANERJEE, J. K. MAHESHWARI
Sriram Housing Finance And Investment India Ltd. – Appellant
Versus
Omesh Mishra Memorial Charitable Trust – Respondent


JUDGMENT :

J.K. Maheshwari, J.

1. Leave granted.

2. This appeal is arising out of the judgment dated 16.04.2014 passed by High Court of Delhi in C.M. (M) No.493 of 2012, preferred by appellant company herein under Article 227 of Constitution of India, against the order dated 13.01.2012 passed in Execution Petition No.46 of 2006, vide which, the Executing Court entertained the objections filed by appellant company and proceeded to frame issues with a direction to the parties to lead evidence on those issues.

3. The Execution Petition was filed by respondent trust, alongwith legal heirs of late Shri N.D. Mishra for execution of judgment and decree dated 01.02.2003 passed by Trial Court in Civil Suit No. 278 of 2002. The suit was filed by late Shri N.D. Mishra making prayer for a decree for: (i) possession of suit property; (ii) sum of Rs.8000/on account of arrear of rent for the month of May, 1994; (iii) sum of Rs.30,000/towards damages/mesne profits/other charges for unauthorized use and occupation by the defendant with effect from 01.06.1994 till the date the defendant delivers back possession of suit property; (iv) permanent injunction against the defendant restraining her from using

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