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2014 Supreme(Del) 1762

A.K.PATHAK
Sudha Mishra – Appellant
Versus
Surya Chandra Mishra – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Rajesh Banati, Shagun Sharma, Babli Kala, Advocates and Party-in-Person
For Respondents/Defendant:Prabhjit Jauhar, Anupama Kaul, Advocates and Party-in-Person

JUDGMENT

A.K. Pathak, J.

1. This Appellant-defendant has filed this appeal against the judgment and decree dated 28th April, 2013 passed by the Additional District Judge, Karkardooma Courts, Delhi whereby suit for mandatory injunction, filed by the respondent-plaintiff against the appellant, has been decreed and appellant has been directed to deliver the vacant and physical possession of the portion in her possession in the property bearing No. C-1/9-A, Yamuna Vihar, Delhi (for short hereinafter referred to as 'suit property', within three months and further not to interfere in the peaceful possession and enjoyment of suit property by the respondent. Briefly stated, facts of the case are that respondent is father-in-law of appellant. Respondent filed a suit for mandatory injunction against the appellant to quit and deliver the vacant possession of the suit property to respondents. It was further prayed that appellant be restrained from creating obstruction in any manner to the rights of the respondent in the suit property as also to pay mesne profits @ Rs. 1 lac per month along with interest. Respondent alleged in the plaint that he was absolute owner of the suit property which he ha

























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