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2023 Supreme(Online)(DEL) 6830

HIGH COURT OF DELHI
AZAD SINGH & ORS. – Appellant
Versus
KRISHNA DEVI & ORS. – Respondent


J U D G M E N T

MANMEET PRITAM SINGH ARORA, J (ORAL):

RSA 154/2023, CM APPL. 42164/2023, CM APPL. 42165/2023, CM APPL. 45434/2023 & CM APPL. 48701/2023

1. The present second appeal filed under Section 100 of the Code of Civil Procedure, 1908 (‘CPC’) impugns the judgment dated 28.02.2023 passed by ASCJ, Patiala House Courts, New Delhi (‘First Appellate Court’) in RCA No. 5/2017, titled as Azad Singh & Ors. v. Krishna Devi & Ors., whereby the First Appellate Court dismissed the appeal filed against the judgment dated 20.04.2015 passed by Civil Judge, Central (09), Tis Hazari Courts, Delhi (‘Trial Court’) in CS No. 72/2011 (1st Suit), titled as Krishna Devi & Ors. v. Azad Singh & Ors., whereby the 1st suit filed by the plaintiffs on 17.11.2001 for perpetual and mandatory injunction was decreed in favour of plaintiffs.

1.1 The Appellants herein were defendants and the Respondents herein were plaintiffs before the Trial Court.

1.2 The Civil Suit No. 72/2011 (1st Suit) was filed by the Respondents on 17.11.2001, seeking relief of perpetual and mandatory injunction thereby praying that the Appellants and their agents be directed to vacate one (1) room, verandah on the ground floor and they be

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