NEELAM BHUTANI Vs. SHUMITA DIDI SANDHU

JUDGEMENT

(1.) THIS application under Order XII Rule 6 of the Code of Civil Procedure, 1908 ('CPC') filed by the Plaintiff for decreeing the suit in terms of the admissions made by the Defendant in CS(OS) No. 41 of 2005 filed by the Defendant.

(2.) THE background to the present application is that CS No. (OS) 41 of 2005 was filed by the Defendant No.1 against her husband, Mr. Sanjay Singh Sandhu and his parents, Mr. Hardev Singh Sandhu and Mrs. Shiela Sandhu (Defendant No.2 herein) for a permanent injunction restraining them from subjecting her to harassment and intimatdtion and from forcibly dispossessing her from the matrimonial home without the due process of law.

(3.) FROM the averments in the plaint as well as the application filed by the Plaintiff in CS (OS) No. 41 of 2005, it was evident that the parties in that suit proceeded on the basis that the matrimonial home was the first floor of the property A-18, Ring Road, Lajpat Nagar-IV, New Delhi. On that basis, on 14th September 2005, the following issues were framed were framed in CS No. (OS) No. 41 of 2005: