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2018 Supreme(Del) 2294

RAJIV SAHAI ENDLAW
Delhi Urban Shelter Improvement Board – Appellant
Versus
Asha Devi – Respondent


Advocates Appeared:
For the Appellant : Mr. Parvinder Chauhan, Adv.

JUDGMENT :

CMs No.37897/2018 & 37899/2018 (both for exemptions)

1. Allowed, subject to just exceptions.

2. The applications are disposed of.

RSA 134/2018, CM No.37898/2018 (for condonation of delay of 9 days in filing the appeal) & CM No.37900/2018 (for stay)

3. This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 9th May, 2018 in RCA No.01/2017 of the Court of Additional District Judge-01 (East)] of dismissal of First Appeal under Section 96 of the CPC preferred by the appellant against the judgment and decree [dated 12th August, 2016 in Suit No.58/10/01 (New Suit No.8929/2016) of the Court of Additional Senior Civil Judge (East)] allowing the suit filed by the respondent/plaintiff against the appellant/defendant, for permanent injunction restraining the appellant/defendant from dispossessing the respondent/plaintiff from house No.12/421, Phase-I, J.J. Resettlement Colony Kalyan Puri, Delhi.

4. The appeal is accompanied with an application for condonation of nine days delay in filing thereof. However, the question of consideration of the said application would arise only if the appeal was to be entertained.

5. The counsel















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