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2018 Supreme(Del) 1576

RAJIV SAHAI ENDLAW
A. N. KAUL – Appellant
Versus
NEERJA KAUL – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Pradeep Dhingra & Mr. Mohit Nandwani, Advs.
For the Respondent: Mr. Sandeep Mittal, Ms. Ashwarya Chander & Mr. Abhimanyua Walia, Advs.

JUDGMENT :

1. This Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) impugns the order (dated 25th April, 2017 in CIS No.11745/16 of the Court of Additional District Judge-04 (South-East), Saket Courts, New Delhi) of dismissal of the application of the petitioner / plaintiff under Order XII Rule 6 of the CPC.

2. The petition came up first before this Court on 29th August, 2017 when notice thereof was ordered to be issued. The counsels were heard on 12th October, 2017 and orders reserved.

3. The petitioner/plaintiff instituted the suit, from which this petition arises, for recovery of possession and mesne profits with respect to property no.B-237/B, Greater Kailash – I, New Delhi from the two respondents / defendants being the daughter-in-law and the granddaughter of the petitioner/plaintiff, pleading (i) that the petitioner / plaintiff is the owner in possession of property no.B-237/B, Greater Kailash – I, New Delhi; (ii) that the respondents / defendants are in possession of rooms on first floor of the said property; (iii) that the defendant no.1 is a citizen of United States of America (USA), permanently settled in USA and was married to the son of











































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