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2023 Supreme(Del) 3199

MANMEET PRITAM SINGH ARORA
Ajay Singh – Appellant
Versus
Roop Singh – Respondent


Advocates appeared:
Mr. Manoj Dahiya, Advocate (Through VC), for the Petitioner.
Ms. Rashmi Sharma, Advocate, for R-2.

JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

1. This petition impugns the order dated 19.10.2022 and 09.02.2023 passed by the ADJ, West District, Tis Hazari Court, Delhi (`Trial Court') in case bearing Suit No. 729/2020 titled as "Roop Singh v. Sardar Singh & Anr." whereby, the Trial Court dismissed the application under Order 47 Rule 1 Code of Civil Procedure (`CPC') seeking review of the order dated 14.12.2021.

1.1. The Petitioner is defendant No. 1 and Respondent No. 1 is the plaintiff in the civil suit.

2. The suit has been filed by the plaintiff for declaration, possession and permanent injunction of the property bearing no. 106 VPO Mundka, measuring 126 sq. yds. (21/54) out of Khasra no.370 situated within old Lal Dora (1908-09) of Village and abadi Mundka (`subject property'). A perusal of the record shows that the Petitioner herein was proceeded ex-parte on 14.12.2021.

3. Upon an application being filed by the Petitioner herein, the application was allowed by the Trial Court vide order dated 04.08.2022, subject to the Petitioner herein making payment of cost of Rs. 5,000/- to Respondent No. 1. By the same order, the Petitioner was also directed to file his written state

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