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2018 Supreme(Del) 1056

S.P.GARG
Innovative Co-Operative Urban Bank Ltd. – Appellant
Versus
Babita Aggarwal – Respondent


Advocates Appeared:
For the Appellant : Mr. V.K. Khanna.
For the Respondent: Mr. Puneet Yadav.

JUDGMENT :

S.P. GARG, J.

1. All these appeals are decided by a common judgment as they arise out of a common order dated 22.02.2016 in RCA Nos. 29/2014, 28/2014 and 27/2014. The Second Appeals have been preferred against the order dated 22.02.2016 whereby judgment and decree dated 25.01.2005 of learned Civil Judge in Suit No. 683/2002 titled as Babita Aggarwal vs. M/s. Innovative Co-operative Urban Bank Ltd., Suit No. 1089/2002 titled as Pushpa Aggarwal vs. M/s. Innovative Co-operative Urban Bank Ltd. and Suit No. 1068/2002 titled as Ankur Aggarwal vs. M/s. Innovative Co-operative Urban Bank Ltd. were upheld.

2. It is relevant to note that Babita Aggarwal, Ankur Aggarwal and Pushpa Aggarwal had filed civil suits for recovery and possession of the rented premises bearing Suit Nos. 683/2002, 1068/2002 and 1089/2002 respectively against M/s. Innovative Cooperative Urban Bank Ltd. (hereinafter ‘the appellant’). All these suits were consolidated and disposed of by a common judgment/decree dated 25.01.2005. Suit No. 683/2002 was treated as main suit and all the proceedings of the consolidated suits were recorded therein.

3. It is further relevant to note that during the pendency of the proce












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