JAGRATI Vs. VIKAS SHARMA & ORS.

JUDGEMENT

(1.) The present Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, by the appellant assails the judgment and decree of mandatory and permanent injunction dated 05.03.2018 in Suit No.171/2015 granted by the Ld.Trial Court of the ASCJ (East), Karkardooma Courts, Delhi in relation to the claim of the plaintiff Nos.1, 2 and 3 of that suit viz. Vikas Sharma, Sarla Sharma and Rajender Prasad Sharma under Order XII Rule 6 of the CPC and which was upheld by the Ld. ADJ-03 in the first appeal i.e. RCA DJ No.52/18, which judgment dated 22.10.2018 in the first appeal is assailed as well.

(2.) Notice of the appeal and the accompanying application CM No.4782/2019 seeking the stay of the execution of the decree under Order XII Rule of the CPC dated 05.03.2018 was directed to be issued vide order dated 01.02.2019 to the respondents herein, who put in appearance through learned counsel and vide order dated 08.02.2019 both the Trial Court record and the record of the Appellate Court were requisitioned which have since been received and perused.

(3.) Submissions were made on behalf of either side and written submissions were also filed on behalf of respondents Nos.1, 2 and 3 i.e. Vikas Sharma S/o Rajendra Prasad Sharma, Sarla Sharma W/o Rajendra Prasad Sharma and Rajendra Prasad Sharma.