HON’BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
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.
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