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2016 Supreme(Del) 3302

JAYANT NATH
SACHIN TANEJA – Appellant
Versus
YATINDERJIT SINGH – Respondent


Advocates Appeared:
For the Petitioners: Mr. Prosenjeet Banerjee.
For the Respondent: Mr. S.K. Rungta with Mr. Prashant Singh & Mr. Shivankur Shukla.

JUDGMENT :

JAYANT NATH, J.

1. By the present petition, the petitioner seeks to impugn the order dated 15.3.2016 by which an application filed by the petitioner/defendant under Order XVI Rule 1 read with Section 148 and 151 CPC and Section 5 of the Limitation Act for condonation of delay/ extending the time for filing the list of witnesses and praying that the list of witnesses submitted on 19.10.2015 be taken on record.

2. The present suit has been filed for perpetual injunction and declaration under the Specific Relief Act by the respondent/plaintiff seeking a decree of perpetual injunction to restrain the petitioner/defendant from entering into the suit property as shown in red in the site plan i.e. 1/4th undivided share of the plaintiff in property No.3, Hanuman Road, Connaught Place, New Delhi or from taking possession of the suit property, etc. A decree of declaration is also sought for declaring that the plaintiff is the rightful owner and in possession of the suit property. Other connected reliefs are also sought.

3. On 3.11.2011, when the matter was pending before this court, this court framed issues and directed that affidavit by way of evidence be filed by both the parties wi























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