DELHI HIGH COURT
PRATHIBA M.SINGH
Balwinder Singh – Appellant
Versus
Kamal Kishore – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.
2. The present revision petition arises out of the impugned judgment/decree dated 22nd September, 2021 passed by SCJ-CUM-RC (North East) Karkardooma Courts Complex, New Delhi (hereinafter "Trial Court") in CS No. 391/2016 titled Kamal Kishore v Balwinder Singh by which the suit of the Plaintiff/Respondent Shri Kamal Kishore (hereinafter "Plaintiff"), has been decreed. The case of the Plaintiff is that he is the owner of the West part of property No. A-40 (part) Mansarovar Park, Shahdara, Delhi, (hereinafter "suit property") which was allegedly illegally broken into by the Defendant/Petitioner (hereinafter "Defendant") who was the owner of the remaining part of the suit property.
3. The suit was filed under Sections 6 and 39 of the SPECIFIC RELIEF ACT , 1963 (hereinafter "the Act") seeking decree of declaration, recovery of possession and mandatory injunction in relation to the suit property. The reliefs sought in the plaint are as under:
"i) Pass a decree for recovery of possession of the plaintiff's immoveable p
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