KIRAN ABNASHI CHAWLA AND ORS. Vs. MARGUERITE CHAWLA

JUDGEMENT

(1.) This appeal is preferred against the order of the learned Single Judge dated 05.10.2015 in IA No. 1253/2015 in CS(OS) No. 2951/2014 allowing the application filed by the plaintiff under Order XII Rule 6 of CPC and granting a decree for recovery of the possession of the suit property.

(2.) The defendants in the suit are the appellants before us. For the sake of convenience the appellants and the respondent herein shall hereinafter be referred to as they were arrayed in the plaint, i.e., defendants and the plaintiff respectively.

(3.) The preliminary objection raised by the respondent herein/plaintiff as to the maintainability of the present appeal in view of the statutory bar under Sec. 6(3) of the Specific Relief Act, 1963 (hereinafter referred to as 'the Act') was considered and overruled by us by a detailed order passed on 23.11.2015. Pursuant thereto, we have heard the learned counsel for both the parties on merits of the case.