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2021 Supreme(Del) 2349

JYOTI SINGH
Veena Devi & Anr – Appellant
Versus
Praveen Kumar Gupta & Ors – Respondent


Advocates appeared:
Jayant K Mehta, Advocate, Sunita Devi, Advocate

JUDGMENT

Jyoti Singh, J. - This Regular Second Appeal has been filed under Section 100 read with Order 42 Rule 1 of Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') against the impugned judgment dated 06.05.2019 whereby the appeal of the Appellants against the judgment and decree dated 24.09.2018 in Suit No. 607578/2016 has been dismissed.

2. Brief and relevant facts necessary for adjudication of the appeal are that Respondent Nos. 1 to 3 herein/ Plaintiffs in the Suit, being the sons of Late Shri Shankar Lal and Smt. Veena Devi, instituted a Suit for permanent injunction against their parents. Late Shri Shankar Lal was Defendant No. 1 and Smt. Veena Devi was Defendant No. 2. The suit was filed to restrain the Defendants from dispossessing them from shop No. 5308, Shora Kothi, Paharganj, New Delhi (suit property). It was alleged that (a) the Plaintiffs were carrying out their business from the suit property at the time of institution of the suit; (b) Plaintiff No. 1 was carrying on business of catering for the last 12 years and his goods and other catering material were lying in the suit property; (c) Plaintiff No. 2 was carrying on business of tent/decorators and fur

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