JUDGMENT

Jyoti Singh, J. (ORAL)

CAVEAT 438/2022

1. Since learned counsel for the Caveator has entered appearance, caveat stands discharged.

C.M. APPL. 53169/2022 (Exemption)

2. Allowed, subject to all just exceptions.

3. Application stands disposed of.

RFA 631/2022 & C.M. APPL. 53168/2022 (Stay)

4. Present Regular First Appeal is preferred by the Appellant assailing the partial decree dated 14.10.2022, passed by the Trial Court in Civil Suit being CS DJ 170/2021, whereby the suit has been decreed in favour of the Plaintiffs before the Trial Court with respect to possession, on an application filed by the Plaintiffs under Order 12 Rule 6 CPC. Appellant herein was the Defendant before the Trial Court and Respondents were the Plaintiffs and are being referred to by their litigating status before this Court for the sake of convenience.

5. Facts of the present case are in a narrow compass and as encapsulated in the plaint are as under:

a. Respondent No. 1 filed a suit for termination, possession, eviction, arrears of rent, etc. before the Trial Court claiming to be the absolute owner of entire Third Floor with complete terrace rights of the suit property bearing no. D-20, Grea