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2005 Supreme(All) 1272

S.P.MEHROTRA
BRAHMA DEVI – Appellant
Versus
KALI CHARAN GUPTA – Respondent


Advocates:
ANURADHA SUNDRAM, MADHAV JAIN, Prakash Gupta,

S. P. MEHROTRA, J.

The present writ petition under Article 226 of the Constitution of India has been filed by the petitioners, inter alia, praying for quashing the judgment and decree dated 31-8-2000 (Annexure-10 to the writ petition) passed by the learned Judge, Small Cause Court, Agra and the judgment and order dated 5-10- 2002 (Annexure-11 to the writ petition) passed by the learned Additional District Judge (Court No. 10), Agra.

2. The dispute relates to a building, namely, Building No. 81 having Municipal No. 47-B/81 situated at Madhav Kunj, Pratapnagar within Loha Mandi Ward, Agra, the details whereof are given in the plaint of the Suit referred to hereinafter. The said building has hereinafter been referred to as "the disputed building".

3. A supplementary affidavit sworn on 27-11-2002 was filed on behalf of the petitioners in the writ petition. The said supplementary affidavit has hereinafter been referred to as "the first supplementary affidavit".

4. On 3-12-2002, an application dated 2-12-2002 alongwith an affidavit, sworn on 2-12-2002, was filed on behalf of the respondents. Further, on the said date i. e. , 3-12-2002, Shri Prakash Gupta, learned Counsel for the responden



















































































































































































































































































































































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