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2023 Supreme(Del) 3938

MANMEET PRITAM SINGH ARORA
Rattan Lal – Appellant
Versus
Ragunath – Respondent


Advocates appeared:
Mr. C.S. Parashar, Advocate along with Mr. Unnat Parashar, Advocate, for the Appellants.
None, for the Respondent.

JUDGMENT

Manmeet Pritam Singh Arora, J. This second appeal impugns the judgment dated 12.05.2023 passed by the ADJ-03, North West District, Rohini Courts, Delhi (`First Appellate Court') in RCA DJ No. 83/2017, upholding the judgment dated 19.08.2017 passed by the ACJ-cum-ARC, North West District, Rohini Courts, Delhi (`Trial Court') in New Suit No. 59521/2016, whereby the Trial Court granted the decree of possession and mandatory injunction in favour of plaintiff and against the defendants with respect to the suit property i.e. property No. E-515, Mangolpuri, Delhi (`suit property').

1.1. The Appellants herein are defendants and Respondent herein is the plaintiff in the civil suit. The civil suit was filed by the plaintiff seeking relief of possession and permanent and mandatory injunction. The Appellants are married to each other. The Appellant No. 1 and Respondent are brothers.

2. The Trial Court in its judgment dated 19.08.2017 has returned a finding that Respondent has proved his ownership over the suit property and is, therefore, entitled to the relief of possession against the defendants. The First Appellate Court as well has, after appraising the evidence, concluded that the

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