Valmiki J. Mehta, J (Oral)

CM No. 4131/2014 (delay in refiling)

For the reasons stated in the application delay in re-filing is condoned. CM stands disposed of.

Caveat No.221/2014

No one appears for the caveat. Caveat stands discharged.

RSA 69/2014 & CM Nos. 4129/2014 (U/o 41 R 27 CPC) & CM No. 4130/2014 (stay)

1. This second appeal is filed against the concurrent judgments of the courts below; of the trial court dated 15.10.2011 and the first appellate court dated 7.11.2013; by which the suit of the respondent/plaintiff/father for permanent and mandatory injunction has been decreed with respect to the property bearing no.B-12, Sawal Nagar, near Sadiq Nagar, New Delhi.

2. The subject suit was filed by the respondent/plaintiff/father on the ground that the suit property is self-acquired and purchased by him by means of a registered sale deed dated 28.5.1960. The appellants/sons were harassing the father/plaintiff and had even threatened to part with possession, and therefore the subject suit was filed.

3. Appellants/defendants in their written statement took a plea that the property was an ancestral property which was purchased and built by the father of the respondent-plai