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2020 Supreme(Del) 1551

PRATHIBA M. SINGH
Sushil Kumar Jain – Appellant
Versus
Gajender Chopra – Respondent


JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done by video conferencing.

2. The present second appeal has been filed challenging the order dated 5th February, 2019 upholding the original judgment and decree dated 28th February, 2017 with some modifications. The original suit was filed by Shri Gajender Chopra i.e., the Plaintiff/Respondent (hereinafter, "Plaintiff") against Shri Sushil Kumar Jain i.e., the Defendant/Appellant (hereinafter, "Defendant") for permanent and mandatory injunction along with damages.

3. The Plaintiff is resident of SFS Flat No.59, Second floor, Pocket-D, Mayur Vihar Phase-II, New Delhi-110091. The Defendant is resident of SFS Flat No.60, which is located on the third floor of the same building. The problem of seepage arose in the Plaintiff's flat, leading to the filing of the present suit.

4. Written statement was filed by the Defendant and evidence was led. Both parties also filed their respective technical reports of civil engineers, along with their estimates. Cross examination was conducted. Vide the trial court judgment dated 28th February, 2017, the relief of permanent injunction was granted in favour of the Plaintiff and a total su

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