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2026 Supreme(Online)(Del) 7289

IN THE HIGH COURT OF DELHI AT NEW DELHI
RADHEY BEHARI LAL SAXENA & ANR. – Appellant
Versus
RAJ KUMAR SAXENA & ORS. – Respondent


J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. The present Regular Second Appeal has been preferred by the Appellants/Defendants assailing the judgment dated 25.08.2023 passed by the learned ADJ-02, whereby the judgment and decree dated 05.05.2017 passed by the learned Civil Judge in a Suit for perpetual injunction and recovery of Rs.1,80,000/- along with interest @ 12% per annum from the date of institution till realization, was set aside and the Suit was remanded back to the learned Trial Court, for fresh adjudication.

2. The Plaintiff/ Appellant filed a Suit No. 198/2014 for recovery for perpetual injunction and for recovery of Rs 1,80,000/- with interest @ 12% per annum from the date of institution of the suit till realization.

3. The brief facts as stated in the plaint, are that the Plaintiffs/Appellants, namely Radhey Behari Lal Saxena and Bipin Behari Lal Saxena, claimed that they were inducted as tenants in respect of immovable property bearing Municipal No. 5483 along with mezzanine floor on the ground floor and Municipal No. 5484, situated on the first floor at Dhanvir Ashram, Gandhi Market, Sarai Hafiz Banna, Sadar Bazar, Delhi (hereinafter referred to as the “su

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