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2012 Supreme(Del) 1098

KAILASH GAMBHIR
KAVITA CHAUDHRI – Appellant
Versus
EVENEET SINGH – Respondent


Advocates:
Advocate Appeared:
Mr. Ravi Gupta, Sr. Advocate With Mr. Ankur Adv.
Ms. Shobhna Takiyar for respondent 1 Ms. Geeta Luthra, Sr. Advocate with Mr.Jatin Sehgal for respondent no.2

JUDGMENT

KAILASH GAMBHIR, J.

1. By this execution petition filed under Order XXI, the decree holder seeks execution of the orders dated 20.12.2010 and 29.4.2011 passed by this Court in CS(OS) No. 505/2010 and CS(OS) No.1307/2010 by issuance of warrants of possession in respect of one room in possession of judgment debtor as shown in red colour in the site plan forming part of the property bearing No. D-32, South Extension Part-II, New Delhi.

2. Before dealing with the merits of the present petition and the opposition thereto by the judgment debtor No.1, it is necessary to give a brief background which led to the passing of the said two orders. A civil suit i.e. CS(OS) No. 505/2010 was filed by Dr. Kavita Chaudhri to seek a decree of mandatory and permanent injunction against her son, the defendant no.2 herein and defendant No.1, her daughter-in-law directing them to vacate the premises under their occupation forming part of property bearing No. D-32, South Extension Part II, New Delhi and restraining them to enter the said premises or to cause any kind of harassment to the plaintiff. The other suit i.e. CS(OS) No. 1307/2010 was filed by the said daughter-in-law i.e. Ms. Eveneet Singh





























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