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2013 Supreme(Del) 1747

RAJIV SAHAI ENDLAW
P. S. Jain Co. Ltd. – Appellant
Versus
Atma Ram Properties (P) Ltd. & Anr. – Respondent


Advocates Appeared:
For the Appellant:Ms. Sangeeta Jain, Advocate.
For the Respondent No. 1:Mr. Amit Sethi, Advocate.

Rajiv Sahai Endlaw, J.:--

The appeal impugns the judgment and decree (dated 27th September, 2012 of the Court of Addl. District Judge Central-09, Tis Hazari Courts, Delhi in CS No. 150/2011 filed by respondent No. 1) on admissions of ejectment of the appellant and the respondent No. 2 Syndicate Bank, after determination of tenancy, from the premises earlier in the tenancy of the appellant.

2. Notice of the appeal and of the application for stay was issued. On the next date it was stated that the respondent No. 2 Syndicate Bank is a proforma party; accordingly service of the respondent No. 2 Syndicate Bank was dispensed with. The counsel for the respondent No. 1 on 6th March, 2013 also informed that possession of the property had already been taken by the respondent No. 1 by collecting the keys of the premises from the Court where they were deposited by the respondent No. 2 Syndicate Bank. The said position was confirmed by the counsel for the appellant and as such the application for stay of execution was dismissed as infructuous and the Trial Court record requisitioned and the appeal listed for final hearing. The counsel for the appellant thereafter kept on taking adjournments and h


























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