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2016 Supreme(Del) 2797

VALMIKI J.MEHTA
PEAREY LAL (DECEASED) NOW REPRESENTED BY HIS L. Rs – Appellant
Versus
MAHANT RAM NATH (SINCE DECEASED NOW REPRESENTED BY LRS) – Respondent


Advocates Appeared:
For the Appellant :Mr. Ravi Gupta, Senior Advocate with Mr. Gourav Sharma, Advocate and Ms. Bhoomija Verma, Advocate.
For the Respondent:Mr. Dhiraj Bhardwaj, Advocate

JUDGMENT :

VALMIKI J.MEHTA, J.

RSA No.345/2014

1. This Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) is in fact only in the nature of cross objections by the respondents/defendants in RSA No.92/2013 for sustaining the judgments of the courts below dismissing the suit for declaration and injunction filed by the plaintiff, and whose legal heirs are now the appellants in RSA No.92/2013. Accordingly, this second appeal is disposed of by considering the present appeal as arguments for sustaining the judgments of the trial court and first appellate court which are challenged in RSA No. 92/2013.

This RSA is therefore disposed of as not pressed subject to the aforesaid observations.

RSA No.92/2013

2. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiffs in the suit challenging the concurrent Judgments of the courts below; of the Trial Court dated 31.1.2012 and the First Appellate Court dated 1.4.2013; by which the courts below have dismissed the suit filed by the plaintiffs seeking declaration and injunction with respect to claim of the plaintiffs of tenancy in premises being shop no.1, Kalkaj

























































































































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