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2023 Supreme(Del) 1642

GAURANG KANTH
Jasveer Lal Gour – Appellant
Versus
Delcap Financial Services Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Md. Azam Ansari, Ms. Afshan, Mr. Md. Ashfqaque Ansari and Mr. Mohd. Shahnawaz Alam, Advocates, for the Appellant.
Ms. Sonam Anand and Mr. Yakesh Anand, Advocates, for the Respondent.

JUDGMENT

Gaurang Kanth, J. (Oral)

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

1. The Appellant/Defendant in the present Appeal is impugning the judgment dated 13.03.2023 ("Impugned judgment") in CS DJ No.146/2021 passed by the Court of Additional District Judge-02, South, Saket Courts Campus, New Delhi titled as `Ms. Decalcap Financial Services Pvt. Ltd. v. Jasveer Lal Gour'. Vide the Impugned Judgment, the learned Trial Court was pleased to dismiss the Counter Claim filed by the Appellant/Defendant and allowed the Application under Order XII Rule 6 CPC filed by the Plaintiff/Respondent and decree of possession was passed in favour of the Plaintiff.

2. Learned counsel for the Appellant states at the outset that he has filed complete Trial Court Record in accordance with the High Court Rules. The Appellant also filed a certificate in this regard. Learned counsel for the appellant states that the appeal may be heard today itself and no date for hearing of the appeal be fixed as contemplated by sub-Rule 1 of Rule 11 of Order XLI of the Code of Civil Procedure.

THE FACTS GERMANE FOR THE ADJUDICATION OF THE PRESENT WRIT PETITION ARE AS FOLLOWS:

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