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2023 Supreme(Del) 2231

TUSHAR RAO GEDELA
Manjula Pathak Krippendorf – Appellant
Versus
Preeti Dawra – Respondent


Advocates appeared:
Ms. Tara Narula, Advocate (Amicus Curiae for petitioner in person), Mr. S. Debabrata Reddy and Shivangi Sharma, Advocates, for the Appellant.
Mr. Sajan Narain, Advocate for R-1 and R-2.

JUDGMENT

Tushar Rao Gedela, J.

[ The proceeding has been conducted through Hybrid mode ]

1. This is a Second Appeal filed by the appellant/defendant against the order passed by the learned First Appellate Court in RCA No. 41/17 titled as "Dr Manjula Pathak Krippendorf Vs Ms Preeti Dawra & Anr" dated 16.07.2018, whereby the appeal under Section 96 of the Civil Procedure Code, 1908 (hereinafter referred to as "CPC") was dismissed confirming the judgment and the decree dated 11.04.2017 passed by the learned Trial Court in CS No. 83267/16 titled as "Preeti Dawra & Anr Vs Smt Manjula Pathak Krippendorf".

2. For the purpose of convenience, the parties would be referred to, as they were referred before the Trial Court.

FACTS NOTED BY THE FIRST APPELLATE COURT

3. The plaintiffs claimed to be in possession of the first floor of property no. B-56, Defence Colony, New Delhi (hereinafter referred to as "suit property") by virtue of a registered sale deed dated 03.08.2006.

4. It was further averred that the suit property was rented out to a third party and when the tenants left the suit premises on 05.09.2010, the defendant started causing trouble by putting up locks on gates and doors of the

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