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2023 Supreme(Del) 159

NEENA BANSAL KRISHNA
Rakesh Kumar Aggarwal – Appellant
Versus
Caravan Commercial Company Limited – Respondent


Advocate Appeared:
For the Appellant :Mr. Manish Vashisht, Mr. Sameer Vashisht, Advocate.
For the Respondent:Mr. Manish Kr. Srivastava, Mr.Akhil Hasija, Mr. Sagar Arora & Mr. Aaditya Mishra, Advocates.

JUDGMENT :

NEENA BANSAL KRISHNA, J.

I.A.3934/2012 in CS(OS) 1587/2011 (U/O XII Rule 6 of CPC, 1908)

1. The present application under Order XII Rule 6 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) has been filed on behalf of the plaintiffs seeking decree of possession in respect of the Suit Property bearing No. 42 and 44, Sunder Nagar, New Delhi, on the basis of admissions of the defendant.

2. The plaintiffs have filed the present Suit for Permanent and Mandatory Injunction against the defendant for restraining the defendant from entering the suit premises and interfering in peaceful possession of the Plaintiffs; to remove its security guards from the suit property; and for restraining the defendant from selling, alienating and creating any third right party interest in the suit property.

3. The facts in brief as narrated in the present Suit that the Suit Property bearing No. 42 and 44, Sunder Nagar, New Delhi (hereinafter referred to as “suit property”) admeasuring 1732.72 sq. yards comprises of ground floor, first floor and second floor along with roof, front lawn, open spaces in the rear, two drive ways, passages, two stair cases, four garages and eight serva

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