SUNITA AWASTHI Vs. SAVITRI AWASTHI

JUDGEMENT

(1.) This Regular Second Appeal is filed against the judgment of the first appellate court dated 16.7.2011 by which the appeal filed by the appellant/defendant was dismissed.

(2.) At the outset, it needs to be clarified that there are two judgments dated 16.7.2011. One judgment which is impugned in this appeal was passed in appeal against the final judgment and decree of the trial court dated 30.10.2009, and, the other judgment was passed dismissing the appeal filed by the appellant/defendant against the dismissal of her application under Order 9 Rule 13 of Code of Civil Procedure, 1908 (CPC). In view of the expansive prayer clauses in the appeal, counsel for the appellant has made a statement that this appeal is a Regular Second Appeal against the impugned judgment dated 16.7.2011 which dismissed the first appeal against the final judgment dated 30.10.2009 passed in the suit.

(3.) Respondent/plaintiff filed the subject suit for mandatory injunction and mesne profits against the appellant with respect to the suit property being first floor of the property bearing no.RZ-59/D, Gali No.9, Tuglaqabad Extension, New Delhi. Respondent/plaintiff is the mother-in-law and the appellant/defendant is the daughter-in-law. Appellant/defendant was married to late Sh. Tarun Awasthi, son of the respondent/plaintiff.