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2023 Supreme(Del) 2646

TUSHAR RAO GEDELA
Harshlata Aggarwal – Appellant
Versus
Prabhakar Sharma – Respondent


Advocates appeared:
Mr. M.S. Rohilla, Advocate, for the Petitioner. For the Respondent:
Ms. Babita, Proxy Advocate, for Mr. Satya Narayan, Advocate for R-1.
Mr. Sachin Kumar Jain, Advocate, for R-2.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. The petitioner challenges the order dated 06.03.2020 passed by the learned Trial court in Civil Suit no. 8293/2016 titled "Harshlata Aggarwal Vs. Prabhakar Sharma" whereby the learned Trial Court allowed the application under Order I Rule 10 CPC, 1908 filed by the respondent No.2 who is stated to be the brother of the petitioner herein.

2. Mr. Rohilla, learned counsel appearing for the petitioner submits that it is trite in the suit for eviction, the lis pending between the landlord and the tenant alone are the primary objective of the Trial Court to decide and the necessity of any third party does not arise.

3. Learned counsel submits that the essential question to be decided by this Court is "whether in an eviction suit, the co-owner or any other primary owner is the necessary party".

4. Mr. Rohilla, learned counsel submits that the petitioner has not given the instant suit property to the respondent No.1/tenant on rent and it was already on tenancy under the late father of the parties.

5. Learned counsel also submits that by virtue of the present suit, the only relief sought is o

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