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2021 Supreme(Del) 734

ASHA MENON
Madalsa Sood – Appellant
Versus
Maunicka Makkar – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Rajat Aneja & Ms. Chandrika Gupta.
For the Defendants :Mr. D.K. Goswami, Sr. Advocate with Mr. Saharsh Jauhar & Mr. Kuldeep Singh.

ORDER :

I.A. 12356/2021 (of plaintiff u/O XII R-6 CPC for judgment on admissions)

1. This order shall dispose of the application filed by the plaintiff under Order XII Rule 6 of the Code of Civil Procedure, 1908 (‘CPC’ for short) seeking judgment on admissions qua the relief of possession.

2. The suit has been filed for possession, damages and permanent injunction in respect of property bearing No.A-44, Third Floor, Friends Colony (East), New Delhi-110065 (“suit property” for short). The plaintiff claims to be the exclusive and absolute owner of the suit property. The suit property forms part of a larger structure comprising of other floors. The suit has been filed against the daughter-in-law of the plaintiff who is the defendant No.1 and her mother who is the defendant No.2. The son of the plaintiff and the husband of the defendant No.1 Sh. Vikas Sood expired on 29th September, 2020.

3. Mr. Rajat Aneja, learned counsel for the plaintiff has submitted that the case as set up in the plaint by the plaintiff and as per the documents also placed on record by her, shows that the suit property belongs to her. The complete property at A-44, Friends Colony (East), New Delhi was originally owne

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