PRATIBHA RANI
MEENU – Appellant
Versus
BIRMA DEVI – Respondent
1. The appellant has filed this Regular Second Appeal under Section 100 of Code of Civil Procedure impugning the concurrent findings of the Courts below i.e. order dated 01st October, 2016 passed by the First Appellate Court and order dated 23rd May, 2016 passed by learned Trial Court. The appellant has questioned the legality and validity of the order of the learned Trial Court dated 23rd May, 2016 whereby a decree under Order XII Rule 6 CPC for possession in respect of property House No.235, Khasra No.60, Near MCD School, Sabha Pur, Karawal Nagar, Delhi-110094 has been passed against her by the learned Trial Court and she has been directed to vacate the suit property and also restrained from creating any third party interest in the suit property.
2. Learned counsel for the appellant has filed the brief written synopsis and has also made oral submissions raising the following contentions:
(i) The Civil Court has no jurisdiction to adjudicate the family matters between the parties as per Section 7 and other provisions of the Family Court Act, 1984.
(ii) The Civil Court cannot overwrite the provisions of Protection of Women from Domestic Violence Act, 2005.
(iii) The Civil Court
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Sudha Mishra V/s Surya Chandra Mishra
S.R.Batra vs. Taruna Batra 2007(3) SCC 169
Subhra Mukherjee Vs. Bharat Coking Coal Ltd. AIR 2000 SC 1203
Shumitra Didi Sandhu Vs Sanjay Singh Sandhu & Ors. 174 (2010) DLT 79
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