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Geeta Biswas vs Namita Dass & Anr. on 25 April, 2018


To be referred to the Reporter or not?


C.M. Nos.15670/2018 & 15672/2018 (exemption)

1. Exemption allowed subject to just exceptions.

C.M.s stand disposed of.

C.M. No.15671/2018 (for condonation of delay)

2. For the reasons stated in the application, delay in re-filing
the appeal is condoned.

C.M. stands disposed of.

RFA No.334/2018 and C.M. No.15669/2018 (stay)

3. This Regular First Appeal under Section 96 of the Code

of Civil Procedure, 1908 (CPC) is filed by the defendant no.1 in the

RFA No.334/2018 Page 1 of 14
suit impugning the judgment of the Trial Court dated 16.1.2018

whereby the trial court has decreed the suit filed by the respondent

no.1/plaintiff for cancellation of sale documents dated 25.8.2003 and

holding them as null and void with respect to the undivided half share

of the respondent no.1/plaintiff in the built up property bearing no.

RZ-68/350-A (front side), situated on a plot of 35 sq. yards out of

Khasra No.350, situated in the Revenue Estate of Village Nasirpur,

colony known as West Sagar Pur, New Delhi. Respondent

no.1/plaintiff has also been held entitled to by the impugned judgment

and decree to mandatory injunction directing the appellant/defendant

no.1 to remove herself and her belongings from the first floor of the

suit property and hand over vacant physical possession to the

respondent no.1/plaintiff. Respondent no.1/plaintiff has been further

held entitled to the decree of specific performance against the

respondent no.2/defendant no.2 whereby the respondent

no.2/defendant no.2 has been directed to execute the necessary

conveyance documents qua the suit property in favour of the

respondent no.1/plaintiff as also entitled to permanent injunction in

RFA No.334/2018 Page 2 of 14
her favour and against the defendants in the suit restraining them from

creating third party interest in the suit property.

Source: IK

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Geeta Biswas vs Namita Dass & Anr. on 25 April, 2018


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