Laxmi Kant Sharma vs Kela Devi @ Kailashi Devi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

MANOJ KUMAR OHRI
Laxmi Kant Sharma – Appellant
Versus
Kela Devi @ Kailashi Devi – Respondent

Table of Content
1. background of civil suit and proceedings. (Para 3 , 4 , 5)
2. grounds for appeal based on negligence and service. (Para 6 , 8 , 9 , 10)
3. court's assessment of petitioners' negligence. (Para 7 , 11 , 12)
4. dismissal of the civil revision petition. (Para 13)

JUDGMENT

Manoj Kumar Ohri, J. (Oral)

The matter has been received on transfer by way of Supplementary Cause List.

CM.APPL. Nos. 439-440/2023 (Exemption)

1. Allowed, subject to all just exceptions.

2. Applications stand disposed of.

C.R.P. 1/2023 and CM.APPL. No. 438/2023 (Stay)

3. By way of present civil revision petition filed under Section 115 read with Section 151 CPC, the petitioners (appellants therein) have assailed the order dated 05.12.2022 passed by the learned ADJ-11 (Central District), Tis Hazari Courts, Delhi in RCA No. 69/2022 whereby their challenge to the order dated 21.04.2022 passed by the learned Civil Judge, was dismissed. The petitioners have also sought setting aside of the order dated 21.04.2022.

4. For the sake of felicity, brief facts, as noted in the impugned order, are that the respondent had preferred a civil suit seeking relief of permanent and mandatory injunction against the