NAVEEN KUMAR GUPTA Vs. BHARAT BHUSHAN AND ORS.

JUDGEMENT

(1.) The appellant in the present Regular First Appeal has impugned the judgment & decree dated 25.10.2016 passed by the court of learned ADJ-03, North-West District, Rohini Courts, Delhi in CS No.604/14 whereby the trial court held that the plaintiff's suit was not maintainable in view of Order XXI Rule 101 of the Code of Civil Procedure, 1908 (in short "CPC").

(2.) Facts leading to the filing of the present appeal are that in April, 2012, the respondents came at the suit property with Warrants of Attachment when the appellant was informed that a suit bearing no.4/11 was filed on 04.01.2011 against the respondents for possession of the suit premises. This suit was decreed vide judgment and decreed dated 29.09.2011 by the court of CCJ-cum-ARC (North-West) Rohini Court, Delhi.

(3.) The respondent no.1 filed an Execution Petition no.451/11 being the decree holder in said Civil Suit No.4/2011 to get the possession of the suit premises and vide order dated 16.03.2012, the trial court issued Warrants of Attachment.