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2025 Supreme(Online)(Del) 6770

IN THE HIGH COURT OF DELHI AT NEW DELHI
RENU BHATNAGAR, J
PRITI SARAF – Appellant
Versus
AJAY SHARMA & ORS. – Respondent


Advocates:
For the Appellant/Petitioner: Mr. Mudit Jain, Ms. Mahima Malhotra, Mr. Rudraksh Nakra
For the Respondents: Mr. Sudhir Nandrajog, Mr. Aman Panwar, Mr. Harsh Gattani, Ms. Ankita Singh, Mr. Attin Rastogi, Mr. Harish Malik, Ms. Geeta Luthra, Ms. Kamakshi Agrawal, Mr. Rishabh Dahiya

1. Allowed, subject to all just exceptions.

RFA 868/2025 & CM APPL. 58060/2025 (stay)

2. The present regular first appeal under Section 96 read with Order XLI of the Code of Civil Procedure, 1908 (hereinafter referred to as, ‘CPC’) has been filed by the appellant against the Final Judgment and Decree dated 26.04.2025 (hereinafter referred to as, ‘Impugned Judgment’) and Order dated 29.03.2025 passed by the learned District Judge, Patiala House Courts, New Delhi, in CS 4285/2024 titled Ajay Sharma v. M/s Asian Hotels (East) and Anr.

3. Vide Order dated 29.03.2025, the application preferred by the appellant under Order I Rule 10 CPC seeking her impleadment in the eviction suit filed by Respondent No. 1 against Respondent Nos. 2 and 3 was dismissed.

4. Vide the impugned Final Judgment dated 26.04.2025, the above captioned civil suit, filed by Respondent No. 1 was decreed in his favour under Order XII Rule 6 CPC, without impleading the appellant herein as a necessary party.

5. After decreeing of the suit vide impugned judgement and decree, Respondent No.1 filed an execution petition before the learned execution court wherein the learned court had issued warrants of possession of the tena

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