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2019 Supreme(Del) 998

RAJIV SAHAI ENDLAW
Satender Kumar Jain – Appellant
Versus
Nirmal Jain – Respondent


Advocates Appeared:
A.K. Singla, Adv., N.K. Kantawala, Adv., Satyender Chauhan, Adv., Ankit Jain, Adv., Sarvesh Rai, Adv., Siddhant Nath, Adv., Paritosh, Adv.

JUDGMENT :

Rajiv Sahai Endlaw, J.

The plaintiff has instituted this suit against (i) Nirmal Jain, (ii) Nikhil Jain, (iii) Seema Jain, and, (iv) Suhani Jain, for (a) recovery of possession of portion of immovable property No.A-24-A, Kailash Colony, New Delhi on the basis of title, (b) recovery of mesne profits in the sum of Rs.5 lacs for the period with effect from 22nd January, 2018 till the date of institution of the suit, and, (c) recovery of mesne profits, pendente lite and future.

2. The suit came up before this Court first on 5th April, 2018 when, while issuing summons/notice thereof, vide ex parte ad-interim order the defendants directed to maintain status quo with respect to possession and title of the property aforesaid and a commission issued to visit the portion of the property in possession of the defendants and to submit a status report along with photographs. The commission has been executed and report dated 23rd May, 2018 has been filed.

3. Separate written statements have been filed by the defendant no.1 on the one hand and by defendants no.2 to 4 on the other hand.

4. The counsel for the plaintiff, on 20th September, 2018 stated that "without admitting the allegations












































































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