(1.) This appeal is directed against order dated 13.05.2013, passed by the trial court, on an application filed by the applicant/plaintiff under Order 39 Rule 1 and 2 of the CPC.
(2.) To be noted, the appellant/plaintiff's action is in the nature of a suit for possession and permanent injunction in respect of the ground floor portion of the said property.
(3.) Mr. Chawla, who appears for the appellant/plaintiff concedes that in the written statement filed by respondent no.1/defendant no.1, a defence has been taken that said party is in possession of not only the ground floor but also the first floor portion of the aforementioned property.