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2023 Supreme(Del) 693

GAURANG KANTH
Rakesh – Appellant
Versus
Hoshiyari Devi – Respondent


Advocates Appeared:
Mr. Amit Choudhary, Adv.
Mr. Naveen Sehrawat and Mr. S. Chauhan, Advs.

JUDGMENT :

(Gaurang Kanth, J.) :—

1. The Appellant (Original Defendant in Suit No. 9220/2016) is aggrieved by the ex-parte judgment and decree dated 24.01.2022 (“Impugned Judgment”) in Suit No. 9220/2016 and Order dated 21.11.2022 (“Impugned Order”) in the Review Petition No. 1/2022 passed by the learned Additional District Judge-02, South District, Saket, New Delhi in the matter titled Smt. Hoshiyari Devi v. Sh. Rakesh.

2. Vide the Impugned Judgment, learned Trial Court was pleased to decree the ‘suit for permanent injunction, possession and recovery of mesne profits along with pendente lite and future interest’ in favour of the Respondent (Original Plaintiff). Learned Trial Court further held that the Appellant is entitled for damages at the rate of Rs. 10,000/- per month from the date of issuance of the legal notice till the date of vacation. The Appellant filed the Review Petition seeking a review of the said Impugned Judgment which was dismissed vide the Impugned Order.

FACTS RELEVANT FOR THE CONSIDERATION OF THE PRESENT APPEAL:

3. The Respondent purchased the property bearing No. 222-D/D-1, area 40 sq. yds. comprise in Khasra No. 789/508 (Abadi of Lal Dora) situated in the Reven

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