KIRAN ARORA Vs. SANDEEP POSHWAL

JUDGEMENT

(1.) THE plaintiff has filed the present suit for permanent injunction. Counsel for the plaintiff submits that the main relief is against the defendants no.1 and 2, who are interfering in the peaceful possession of the plaintiff. Plaintiff prays that the present suit be decreed under Order 8 Rule 10 CPC as despite being granted repeated opportunities, the defendants failed to file their written statement. After service, the defendants had entered appearance on 28.7.2011 and sought time to file the written statement. As written statement was not filed, further time was granted to the defendants on 28.7.2011 to file the written statement. Final opportunity was granted to the defendants on 9.11.2011 to file written statement, subject to payment of costs, however, no written statement was filed.

(2.) FURTHER time was sought by counsel for the defendants on 18.4.2012 to file the written statement, however, right of the defendants to file written statement was closed on 16.7.2012.

(3.) AS per the plaint, the plaintiff is the owner and in possession of a shop bearing No.29, Krishna Nagar, Kalkaji, New Delhi. The said shop was purchased from one Smt.Jasoda, w/o. Late Sh.Shyam Lal, by way of an agreement to sell, Will, GPA, affidavit, indemnity, receipt and the possession letter. The agreement to sell and Will were duly registered in favour of the plaintiff as document No.7348 entered in additional book no.1, volume 840 at page 131 -133, document no.11331 entered in additional book no.III, volume no.640 at pages 145 to 146, respectively by the office of Sub -Registrar, New Delhi on 23.8.1996. A General Power of Attorney executed by the seller in favour of the husband of plaintiff, Sh.Balwant Rai Arora, was registered vide document no.12514 book no.IV, volume no.770 at pages 105 to 108 on 23.8.1996.