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2024 Supreme(All) 1008

KSHITIJ SHAILENDRA
Ashok – Appellant
Versus
Kusum Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Preete.

JUDGMENT :

KSHITIJ SHAILENDRA, J.

1. Supplementary affidavit filed today, is taken on record.

2. Heard Ms. Preete, learned counsel for the defendant-appellant and Sri Amit Saxena, learned counsel for the sole plaintiff-respondent and perused the record.

3. The instant second appeal is listed for admission under Order 41 Rule 11 CPC.

4. One Malkhan Singh executed a registered sale deed dated 22.10.1999 in favour of the plaintiff-respondent Smt. Kusum Devi. According to the case of the plaintiff-respondent, she was enjoying possession over the said property, however, the defendant-appellant was interfering in her possession and, consequently, Original Suit No. 375 of 2015 was instituted by her claiming a decree for permanent prohibitory injunction. She got an order of temporary injunction and, when on a particular date, the injunction order was not extended, taking advantage of the same, the defendant-appellant took forcible possession over the property and, consequently, plaint was amended claiming a decree for possession too. A counter claim was preferred by the defendant-appellant claiming a decree for injunction on the basis of his possession. The trial court decreed the original suit

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