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2023 Supreme(Del) 2837

GAURANG KANTH
Sh. Bhim Singh – Appellant
Versus
Rajiv Gupta – Respondent


Advocates appeared:
Mr. Setu Niket, Advocate with Ms.Esha Mazumdar, Advocate, for the Appellant.
Mr. Anuj Chaturvedi, Standing Counsel for MCD with Ms.Vanshika Agarwal, Advocate, for the Respondents.

JUDGMENT :

Gaurang Kanth, J. (Oral)

The hearing has been conducted through hybrid mode (physical and virtual hearing).

C.M. Nos. 5027/2023 & 5028/2023 (Exemptions)

1. Applications are allowed, subject to all just exceptions.

2. Applications stand disposed of.

RFA 84/2023

3. At the outset itself, the appellant states that he has filed all the relevant documents, which are required for the adjudication of the present appeal. Hence, with the consent to the learned counsel for the parties, the present appeal is taken up for final disposal.

4. The appellant (original plaintiff) is aggrieved by the impugned judgment and decree dated 26.11.2022 passed by the learned Additional District Judge-01, Shahdara, Karkardooma, Delhi in CS No.739/2022 titled as `Bhim Singh vs. Rajiv Gupta etc.'.

5. Vide the impugned judgment the learned Trial Court was pleased to dismiss the suit for permanent and mandatory injunction filed by the appellant holding that it has no pecuniary jurisdiction to entertain the same.

6. Learned counsel for the appellant submits that Section 4 of Suits Valuation Act, 1887 read with Volume I Chapter 3 Part-C of Delhi High Court Rules stipulates that valuation of immovable p

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