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2019 Supreme(Del) 1734

ANU MALHOTRA
Deepak Aggarwal – Appellant
Versus
Shakuntala Devi – Respondent


Advocates Appeared:
For the Appellants : Mr. Rajiv Tyagi, Mr. Rohit Gupta.
For the Respondents: Mr. Mayuri Raghuvanshi, Mr. Vyom Raghuvanshi.

JUDGMENT :

ANU MALHOTRA, J.

1. The appellants No. 1 and 2 vide the present Regular Second Appeal assail the impugned order dated 30.10.2018 of the First Appellate Court of the Additional District Judge-03 (North-West), Rohini Courts in RCA No. 86/2017 vide which the said appeal against the judgment and decree dated 5.9.2017 of the Court of the ACJ-cum-ARC (North-West) in New Suit No. 59269/2016 (Old Suit No. 32/2015) was dismissed.

2. Vide the order dated 5.9.2017, the suit filed by Smt. Shakuntala Devi arrayed as the respondent to the present appeal against the appellants herein arrayed as the defendants to that suit was decreed to the effect:

“20. In view of the aforesaid discussion, the application in hand is allowed. Suit of the plaintiff is decreed as under:

(a) A decree of mandatory injunction is passed in favour of plaintiff and against the defendants in respect of the suit property. Thus, the defendants are directed to vacate the suit property i.e. First Floor of property bearing no. 160, Harsh Vihar, Pitampura, Delhi. It is directed that the decree of mandatory injunction

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