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2018 Supreme(Del) 1123

PRATHIBA M.SINGH
Ram Rati Devi – Appellant
Versus
Radhey Shyam – Respondent


Advocates Appeared:
For the Appellant : Mr. Mitthan Lai
For the Respondents: Ms. Prema, Mr. Naman Saraswat, Mr. Veera Mehra

JUDGMENT :

Prathiba M. Singh, J.

1. The present appeal arises out of the impugned judgment and decree dated 7th November, 2014, passed by the Trial Court, by which the Plaintiff’s suit for possession and injunction has been decreed in the following terms :

“20. In view of the aforesaid discussions and findings, this court is of the considered opinion that plaintiff has proved his case and therefore, he is entitled for the following relief:

(i) Decree of permanent/mandatory injunction is passed in favour of the plaintiff and against the defendant No. 1 and 2 and the defendant's attorneys, representative, agents etc. are restrained from selling, transferring, alienating or creating third party interest in the suit property bearing E-21/255 (E-255/21)measuring 74 Sq. Yards, Amar Colony, Harijan Basti, Shakti Garden, Delhi as shown in red color with the site plan attached with the plaint Ex. PW5/2 except without due process of law.

(ii) The decree of declaration is passed in favour of the plaintiff and against the defendants regarding ownership as prayed in the suit.

(iii) The decree of possession is also passed in favour of the plaintiff and against the defendants.”

2. The Trial Court grante





























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