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2023 Supreme(Del) 6024

MANMEET PRITAM SINGH ARORA
Shatrunjay – Appellant
Versus
Avinash Gulati – Respondent


Advocates appeared:
Mr. Arpit Bhalla, Advocate, for the Petitioner in CM(M) 135/2021 & CM APPL. 6095/2021 & for the Respondent in CM(M) 1422/2018 & CM APPL. 48668/2018.
Mr. A.C. Bhasin, Advocate, for the Respondent in CM(M) 135/2021 & CM APPL. 6095/2021 & for the Petitioner in CM(M) 1422/2018 & CM APPL. 48668/2018.

JUDGMENT

Manmeet Pritam Singh Arora, J. - The CM(M) No. 1422/2018, filed under Article 227 of Constitution of India, impugns the order dated 04.09.2018 passed by the Civil Judge, North District, Rohini Courts, Delhi (`Trial Court') in civil suit no. 35045/2016, dismissing the application filed by the Petitioner herein i.e., the defendant, under Order XII Rule 6 of Code of Civil Procedure (`CPC'). The Petitioner is admittedly, the owner of the suit property and has been arrayed as a defendant in the suit.

1.1. The CM(M) No. 135/2021, filed under Article 227 of Constitution of India, impugns the subsequent order dated 30.11.2019 arising out of the same suit proceedings, whereby the Trial Court dismissed the application filed by the Petitioner herein i.e., the plaintiff, under Section 151 of CPC seeking restoration of possession of shop No. G-50, lower ground floor, Verdhaman Market, West Enclave, Pitampura, Delhi (`suit property') and grant of injunction in the form of status quo ante. The Petitioner contends that he was a tenant in the suit property and is the plaintiff in the suit. The Respondent has disputed the tenancy and stated that Petitioner was a helper employed by him. The Pe

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