SANDEEP SETHI Vs. RAJINDER KUMAR SETHI DECEASED

JUDGEMENT

(1.) Through the present Appeals, the Appellants [Defendants before the learned Single Judge] in RFA (OS) No. 05/2017 and in RFA (OS) No. 10/2017, and the Appellant [Plaintiff before the learned Single Judge] in RFA (OS) No. 06/2017, assail the correctness of the common judgement dtd. 28/11/2016 [hereinafter referred to as Impugned Judgement] passed by the learned Single Judge [hereinafter referred to as LSJ] in CS(OS) 2134/2006 & CC No. 990/2017, wherein the Plaintiffs suit was decreed against the Defendants in the said suit, directing the Defendants to handover the possession of the entire first floor and two rooms along with one bathroom on the second floor of the Property bearing No. A-8, Vishal Enclave, New Delhi [hereinafter referred to as Suit Property], as shown in the site plan, within two months of receipt of this order. The Counter Claim filed by the Defendant stood dismissed in view of the Impugned Judgement passed in the suit.

(2.) Since the parties to the disputes are common, as is the Impugned Judgement, and the appeals arise out of an identical factual matrix involving overlapping parties and common questions of law, this Court deems it appropriate to dispose of all the appeals by way of a common judgement. The discussions, however, shall be bifurcated, wherever necessary, while referring to the parties in the same manner.

(3.) Nevertheless, for the ease of reference and with the consent of the parties, RFA (OS) No.5/2017 is considered as a lead case. For the sake of convenience, the parties before this court shall be referred to in accordance with their respective status before the LSJ.