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2021 Supreme(Del) 522

PRATHIBA M. SINGH
Aarti Sharma – Appellant
Versus
Ganga Saran – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Zahid Ali, Advocate.
For the Respondent:Mr. Ashok Kumar Tiwari, Advocate.

JUDGMENT :

Prathiba M. Singh, J.

1. This hearing has been done through video conferencing.

2. The present second appeal has been filed challenging the impugned order dated 16th November 2019, passed by the ld. ADJ (North-east), Karkardooma Courts, Delhi (hereinafter, “first Appellate Court”) in RCA DJ No. 46/19, arising out of the initial order of the ld. SCJ, (North-east), Karkardooma Courts, Delhi (hereinafter, “Trial Court”) dated 18th April 2019, in Suit No. 148/16. The trial court had allowed the application under Order 12 Rule 6 of the CPC, and decreed the suit. The First Appellate Court, dismissed the appeal challenging the said judgment/decree passed by the Trial Court.

3. The background to the present second appeal is that the Plaintiff/Respondent in the suit Sh. Ganga Saran (hereinafter `Plaintiff’), who is the father of Appellant No.2, filed a suit against his son and daughter-in-law i.e., Sh. Vinay Kumar and Ms. Aarti Sharma, respectively (hereinafter `Defendants’). The reliefs sought in the suit before the Trial Court, are as under:

    i. Pass a decree of permanent injunction in favour of the plaintiff and against the defendant, their attorney, successor, assignee, legal heirs

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