Dharampal Gupta vs Laxmi Devi - 2023 Supreme(Del) 89

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 89

JYOTI SINGH
Dharampal Gupta – Appellant
Versus
Laxmi Devi – Respondent

Advocate Appeared:
For the Appellant :Mr. Sumit Behl and Mr. Akshaya Mehta, Advocates.
For the Respondent:Ms. Gita Dhingra and Ms. Gayatri Aggarwal, Advocates.

JUDGMENT :

JYOTI SINGH, J.

C.M. APPL. 46860/2021 (delay of 47 days in filing)

1. Present application has been filed on behalf of the Appellant seeking condonation of delay of 47 days in filing the appeal.

2. Issue notice.

3. Ms. Gita Dhingra, learned counsel accepts notice on behalf of the Respondents.

4. For the reasons stated in the application, the same is allowed and disposed of.

RFA 436/2021 & C.M. APPL.46857/2021 (for stay)

5. By way of present appeal, Appellant raises a challenge to the judgment and decree dated 11.08.2021 passed by the Trial Court in Civil Suit no. 739/2016.

6. Appellant herein was Defendant No. 1 before the Trial Court and Respondent No. 1 herein was the Plaintiff and the parties are referred to by their nomenclature and litigating status before the Trial Court.

7. Plaintiff filed a suit seeking decree of possession, damages/mesne profits for illegal use, occupation and possession of property bearing No. RZ-B-1/137, out of Khasra No. 5/12, situated in the area of village Mirzapur Colony, known as Vijay Enclave, Ambedkar Gali, New Delhi (hereinafter referred to as the suit property) as well as for permanent injunction against the Defendants.

8. The case set up by the