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2023 Supreme(Del) 2642

GAURANG KANTH
Parul Nahar – Appellant
Versus
Pooja Bansal – Respondent


Advocates appeared:
Mr. Mehmood Pracha and Mr. Aayushman Aggarwal, Advocates, for the Appellant.
Mr. Rishabh Kaushik, Mr. Rahul Sharma, Mr. C.K. Bhatt and Ms. Vedika, Advocates for R-1.
Mr. Attin Shankar Rastogi and Mr. Archit Chauhan, Advocates for R-2.

JUDGMENT

Gaurang Kanth, J.

1. The Appellant (original Defendant No. 2) in the present Appeal is assailing the Judgment and Decree dated 09.06.2022 ("Impugned Judgment") passed by the learned ADJ-07, South East District, Saket Courts in CS No. 210/2020, titled as 'Mrs. Pooja Bansal Vs Soumitra Nahar & Anr.'.

2. Vide the Impugned Judgment, the learned Trial Court was pleased to allow the application filed by Respondent No. 1 (original Plaintiff) under Order XII Rule 6 of Civil Procedure Code, 1908 and partly decreed the suit by granting her relief of ejectment/possession in favour of Respondent No. 1 and against the Appellant and Respondent No. 2.

FACTS RELEVANT FOR THE DISPOSAL OF THE PRESENT APPEAL ARE AS FOLLOWS:

3. Respondent No. 2 was the husband of the Appellant. The parties were having a troubled married life. The matrimonial disputes between the parties are pending before various courts in Delhi. Respondent No. 2 got divorce decree on 03.01.2023 and the same is under challenge before this Court in MAT.APP. (F.C.) 36/2023.

4. Respondent No. 1 is the owner/landlord of Flat No. E, Second floor (back side) along with servant quarter on the second floor and along with proportio

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