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2020 Supreme(Del) 1058

PRATHIBA M.SINGH
Gagninder Kumar Gandhi – Appellant
Versus
Vijay Gupta – Respondent


Advocates Appeared:
Pawantjit S Bindra, Advocate, Sanjeev Rajpal, Advocate, Viplav Sharma, Advocate

JUDGMENT

Prathiba M. Singh, J. - This hearing has been held through video conferencing.

2. The present revision petition has been preferred against the impugned order dated 20th May, 2020 by which the application under Order VII Rule 11 CPC filed by Defendant Nos.1&2/Petitioners (hereinafter, "Petitioners") has been rejected by the ld. Trial Court.

3. The brief background is that vide sale deed dated 11th July, 2001 and 7 th August, 2003, the Plaintiff/Respondent No. 1 (hereinafter, "Respondent No.1") acquired rights in the first and second floor, with open terrace, of property bearing No. A-148, Defence Colony, New Delhi -110024. Along with the sale deeds, an undertaking of the same date i.e., 11th July, 2001 was also allegedly executed by the mother of Defendant No.3/Respondent No.2 (hereinafter, "Respondent No.2").

4. Respondent No.1 filed a suit for declaration, perpetual and mandatory injunction to enforce one clause of the alleged undertaking, which according to him, gives him parking rights in the rear portion of the property. The Petitioners filed an application under Order VII Rule 11 CPC in this suit, primarily on the ground that the alleged undertaking is not genuine and

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