Vipen Kumar Parwanda vs Gunjan Kumar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 677

GAURANG KANTH
Vipen Kumar Parwanda – Appellant
Versus
Gunjan Kumar – Respondent

Advocates Appeared:
For the Appellant : Mr. Manish Makhija.
For the Respondents:Mr. Arvind Sharma and Mr. M.K. Jha, Mr. Akshay Makhija, Senior Advocate with Mr. Adarsh Chamoli.

JUDGMENT :

Gaurang Kanth, J.

The Appellant in the present Appeal is impugning the judgment dated 05.01.2022 (“Impugned judgment”) in CS DJ No. 209865/2016 passed by the Court of learned ADJ-05, South East District, Saket Courts, Delhi titled as ‘Smt. Gunjan Kumar v. Shri Vipin Kumar Parwanda’ Vide the Impugned Judgment, the learned Trial Court was pleased to allow the Suit for Injunction and Possession filed by the Plaintiff/Respondent No. 1.

FACTS GERMANE FOR THE ADJUDICATION OF THE PRESENT APPEAL ARE AS FOLLOWS:

2. It is the case of Respondent No. 1 (Original Plaintiff in the Civil Suit) that Respondent No. 2 (Original Defendant No. 2 in the Civil Suit) and Appellant (Original Defendant No. 1 in the Civil Suit) are wife and husband and they purchased a property i.e., plot bearing No. 139, Block A, Kalkaji Extension Scheme, New Delhi admeasuring 160 sq. meters from one Shri Prabhu Singh vide Agreement to sell and General Power of Attorney (GPA) both dated 24.04.1992. Further, the said property was converted from leasehold to freehold by both Appellant and Respondent No. 2 vide Conveyance deed dated 11.07.1994. Over the said land, both the defendants constructed a residential house, co