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2022 Supreme(P&H) 1661

MANJARI NEHRU KAUL
Amarjit Kaur – Appellant
Versus
Saroj – Respondent


Advocates appeared:
Mr. Hari Om Sharma, Advocate, for the Appellant

JUDGMENT

Manjari Nehru Kaul, J. (Oral) - By way of present petition filed under Article 227 of the Constitution of India, the petitioner/appellant is seeking the setting aside of the impugned order dated 09.05.2022/06.05.2022 (Annexure P-1), passed by the learned Rent Controller (Jr. Divn.), Faridabad, vide which, the application filed under Order 1 Rule 10 read with Section 151 CPC, filed on behalf of the petitioner/appellant, was dismissed.

2. Learned counsel inter alia contends that the petitioner instituted a civil suit on 04.08.2021, against the Avneen Kaur and others for declaration and partition etc. in respect of the property bearing number NH1C/74, NIT Faridabad, being owner in equal share of joint family property. She also filed an application under Order 39, Rules 1 & 2 CPC, ad interim injunction, which was allowed on 16.09.2021, wherein, status quo was ordered to be maintained. However, during the pendency of the civil suit, respondents No.1 & 2 filed a petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as 'the Rent Act') and claimed to be owners of the suit property by virtue of a sale-deed executed between th

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