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2021 Supreme(Sikk) 49

MEENAKSHI MADAN RAI
Naina Kala Sharma – Appellant
Versus
Deepak Kumar Rai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Yam Kumar Subba.
For the Respondents: Mr. N. Rai, Ms. Vani Vandana Chhetri.

ORDER :

1. Heard Learned Counsel for the parties.

2. Learned Counsel for the Petitioners submits that he is aggrieved by the impugned Order in Title Suit No. 03 of 2019 in the Court of the Learned Civil Judge, West District at Gyalshing, dated 23.02.2021, on grounds that the Learned Trial Court rejected his petition filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (for short “CPC”). The attention of this Court was drawn to the application filed before the Learned Trial Court and it was submitted that the Petitioner No. 1 is the divorced wife of the Respondent therefore she has the right to stay in the property she is occupying presently, as envisaged by Section 19 of the Protection of Women from Domestic Violence Act, 2005 (for short “D.V. Act”). That, this was the only amendment that he sought to insert in the Written Statement which was inadvertently omitted. That, the Learned Trial Court vide the impugned Order however observed that the Learned District Judge in Title Suit No. 43 of 2013 (Mrs. Naina Kala Sharma and Others vs. Deepak Kumar Rai) held that the Defendants cannot be regarded as having any right, title and interest over the Suit pr

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