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2017 Supreme(Del) 488

PRATIBHA RANI
KAMLESH BHATTACHARYA – Appellant
Versus
P. L. KHERA – Respondent


Advocate Appeared:
For the Appellant :Mr.Anil Kumar Singh & Mr.Om Prakash Singh, Advocates.

JUDGMENT:

CM No.5263/2017

1. Exemption allowed subject to all just exceptions.

2. Application is disposed of.

CM No.5264/2017

1. For the reasons stated in the application the delay of 10 days in re-filing the appeal is condoned.

2. The application is disposed of.

RSA 51/2017

1. This Regular Second Appeal has been preferred by the appellant/plaintiff impugning the judgment and decree dated 7th September, 2016 of the First Appellate Court in RCA No.60951/2016.

2. This appeal was preferred by the appellant impugning the decision of the learned Trial Court in Civil Suit No.114/2010 decided on 17th September, 2015.

3. Civil Suit No.114/2010 was filed by the appellant Smt.Kamlesh impleading Sh.P.L.Khera as the defendant, pleading as under:

(i) The plaintiff was occupying the First floor of the property bearing Flat No.3013/15, Gali No.19, Ranjeeet Nagar, New Delhi whereas the defendant was occupying the Second Floor of the said property.

(ii) The plaintiff was facing problem of seepage in her floor which according to her was due to improper use of washing machine by the defendant. Her oral requests to the defendant to rectify the defect so that seepage can be stopped, remained unheeded by him.

(iii)

































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