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2015 Supreme(Del) 3830

MUKTA GUPTA
Sat Prakash Goyal – Appellant
Versus
Pushpa Bahel – Respondent


Advocates:
For the Petitioner:Mr. Purshottam Kumar, Advocate.
For the Respondents: None.

JUDGMENT :

Mukta Gupta, J (Oral):--

CM No. 6088/2015

(Exemption) Allowed, subject to all just exceptions.

CM No. 6089/2015 (delay in refiling)

For the reasons stated in the application the delay of 23 days in refiling the petition is condoned.

Application is disposed of.

CM(M) 294/2015 and CM No. 6087/2015 (Stay)

1. The Petitioner filed a suit against Pushpa Behal and Amarawati seeking declaration, mandatory and permanent injunction. In the said suit an application under Order 39 Rule 1 and 2 CPC was dismissed vide order dated 8th August, 2012. Sat Prakash Goyal preferred an appeal which was also dismissed vide the impugned order dated 10th December, 2014.

2. Sat Prakash Goyal claimed that Pushpa Behal and Amarawati were the erstwhile owners of the property which is an old haveli constructed single storey having high of the roof more than 18 ft bearing No. 136, situated at Kucha Ghasi Ram, Chandni Chowk, Delhi. Pushpa Behal and Amarawati desired to sell the said tenanted premises to Sat Prakash Goyal and thus by virtue of a Sale Deed dated 22nd March, 2003 duly registered with the office of Sub-Registrar North, Delhi, the right, title and interest qua the suit property were transferred in f





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