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2023 Supreme(Del) 3066

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Hanny Kumar – Appellant
Versus
Anu Gupta – Respondent


Advocates appeared:
Mr. Raj Singh Rana and Mr. Aditya Hooda, Advocates, for the Appellant.
Mr. Kshitij Sharda and Mr. Shashank Goel, Advocates, for the Respondent-1.

JUDGMENT

Neena Bansal Krishna, J.

CM. APPL.20677/2023 (Exemption)

1. Allowed, subject to just exceptions.

2. The application is disposed of.

CM. APPL.27301/2023 (Condonation of delay)

3. Vide the present application, the applicant/appellant seeks condonation of 23 days' delay in filing the present appeal.

4. For the reasons and ground stated in the present application, the application is allowed and the delay of 23 days in filing the present appeal is condoned.

5. Accordingly, the application is disposed of.

RFA (OS) 7/2023

6. The present Appeal has been preferred by the defendant No. 2/appellant against the Judgement and Decree dated 08.08.2022 vide which the suit of the plaintiff/respondent No. 1 for possession and for mandatory injunction has been decreed and the appellant was directed to hand over the possession, under Order XII Rule 6 Code of Civil Procedure, 1908 (hereinafter referred to as "CPC, 1908"). The appellant has also challenged the Order dated 03.02.2023 vide which the Review Petition against the judgement was dismissed.

7. The respondent No.1 (plaintiff in the original suit) herein had filed a suit for possession and mandatory injunction against the appellant, H

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