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2021 Supreme(Del) 1349

AMIT BANSAL
Vishwanath Ojha – Appellant
Versus
Surender Singh Bohania – Respondent


JUDGMENT

Amit Bansal, J. - CM No.47667/2021(for exemption)

1. Allowed, subject to all just exceptions.

2. The application is disposed of.

CM(M) 1218/2021 & CM No.47668/2021(for stay)

3. The present petition under Article 227 of the Constitution of India impugns the order dated 21st December, 2021 passed by the Additional Senior Civil Judge, East, Karkardooma Courts, Delhi (Review Court) in Misc. No.21/2021, whereby the Miscellaneous application filed on behalf of the petitioner in the Review Petition filed by the petitioner, for stay of the execution proceedings filed on behalf of the respondent, has been dismissed.

4. The brief facts necessary for deciding the present petition are set out below:

4.1 On 22nd January, 2016, a Civil Suit was filed by the respondent before the Additional Senior Civil Judge, East District, Karkardooma Courts, New Delhi (Trial Court) seeking inter alia possession of the second floor of the suit property.

4.2 The Civil Suit was decreed in favour of the respondent vide judgment dated 21st January, 2019.

4.3 Appeal against the said judgment was dismissed by the Appellate Court vide judgment dated 5th November, 2019.

4.4 Thereupon, execution proceedings were filed on

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