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2022 Supreme(Del) 870

AMIT BANSAL
Capitol Art House (P) Limited – Appellant
Versus
Neha Datta – Respondent


Advocates appeared:
Ms. Leena Tuteja with, Mr. Ishaan Chawla and Ms. Diksha Bhatia, Advocates, for the Appellant; Mr. Kuldeep Kumar, for the Respondent.

JUDGMENT

Amit Bansal, J. (Oral). - This matter has been listed on office noting pursuant to the proceedings before the Local Commissioner on 20th May, 2022 appointed by this Court for recording of evidence.

2. The present suit has been filed seeking to, inter alia, injunct the defendants/occupants from unlawfully entering any part of the first floor including the balcony of Shop No.4/6 on the ground floor of the premises bearing No.4/1-14 (A-1/4), Eleven Style Mile, Ward 1, Mehrauli, New Delhi. Issues were framed in the suit on 02nd August, 2019 and a Local Commissioner was appointed to record evidence of the parties. An initial sum of Rs.1,00,000/- was fixed as the fees to be paid to the Local Commissioner, which was to be borne by the plaintiff.

3. It has been noted in the proceedings before the Local Commissioner on 20th May, 2022 that the counsel for the defendant made a request to reexamine DW-1, which request was opposed by the counsel appearing on behalf of the plaintiff.

4. Accordingly, the Local Commissioner has referred the matter to the Court for appropriate directions.

5. The relevant extracts from the proceedings of 20th May, 2022 are set out below:

    The statement of Ms. Neha

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