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2017 Supreme(Del) 2718

VALMIKI J.MEHTA
Pushpa Devi – Appellant
Versus
Ramesh Chander – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Divya Gupta, Advocate

JUDGMENT :

VALMIKI J. MEHTA, J.

C.M. No. 28126/2017 (for exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

RSA No. 204/2017

2. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellants/plaintiffs impugning the concurrent judgments of the courts below; of the trial court dated 22.8.2015 and the first appellate court dated 27.1.2017; by which the courts below have dismissed the suit filed by the appellants/plaintiffs for declaration and permanent injunction being not maintainable as regards the relief of injunction on account of appellants/plaintiffs being not in possession of the suit property and that no relief having been sought by the appellants/plaintiffs for possession of the suit property. The suit seeking the relief of declaration has been dismissed as time-barred. The suit has been disposed of at the stage of pleadings.

3. The facts of the case are that the appellants/plaintiffs filed the subject suit claiming rights in the property admeasuring 84.5 sq. yds. forming part of Khasra no. 396 of property no. 11, Jangpura Road, Bhogal, New Delhi. It was pleaded that the suit property belonged to

















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