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2017 Supreme(Del) 2730

VALMIKI J.MEHTA
Ved Prakash – Appellant
Versus
Niranjan Singh – Respondent


Advocates Appeared:
For the Appellants : Mr. Varinder Sharma and Ms. Parul Sharma.

JUDGMENT :

VALMIKI J. MEHTA, J.

C.M. No. 27336/2017 (exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

RFA No. 682/2017 and C.M. No. 27292/2017 (stay)

2. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendants in the suit impugning the judgment of the trial court dated 27.3.2017 whereby the trial court has decreed the suit of the respondent/plaintiff for possession of the suit property. The operative para of the judgment of the trial court reads as under:-

“A decree of possession of the suit property bearing No. F-48 (sic. F-49), Vishwas Park, Uttam Nagar, New Delhi-110059, more specifically shown in red colour in site plan Ex.DW1/PD and a decree of permanent injunction is passed in favour of the plaintiff and against the defendants, restraining defendants, their agents, servants, attorneys and persons acting on their behalf from creating third party interest, construction, demolition in the aforesaid property.”

3. I may note that the respondent/plaintiff filed the suit claiming ownership of t





























































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