RAVINDER CHAUDHARY Vs. KISHAN KUMAR PAUCHAURI & ORS

JUDGEMENT

(1.) This Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 4th May, 2016 in CS No.360/2014 of the Court of the Additional District Judge-02 (NE), Karkardooma Courts, Delhi] in favour of the respondent no.1 / plaintiff and against the petitioner / defendant no.1 and respondents no.2 to 8 / defendants with respect to property bearing No.K-5/39A, Street No.33, West Ghonda, Delhi 110 053, of (i) recovery of possession of the said property; (ii) of permanent injunction restraining creation of any third party interest or parting with possession of property except without due process of law; and, (iii) of declaration that the documents in possession of the petitioner / defendant no.1 and respondents no.2 to 8 / defendants in respect of title to the aforesaid property are null and void and of cancellation of said documents.

(2.) This Revision Petition under Section 115 of the CPC, instead of an appeal under Section 96 of the CPC, has been preferred against the impugned decree owing to the suit filed by the respondent no.1 / plaintiff, insofar as for recovery of possession, being titled as under Section 6 of the Specific Relief Act, 1963. In fact, in the said suit, mesne profits for unauthorized and illegal use and occupation were also claimed from the petitioner / defendant no.1 and respondents no.2 to 8 / defendants but which have not been granted.

(3.) The Revision Petition came up first before this Court on 25th October, 2016 and thereafter on 3rd November, 2016 when notice of the Revision Petition was ordered to be issued to the respondents. Vide subsequent order dated 8th March, 2017, on the respondent no.1 / plaintiff appearing before this Court, stay of the impugned order was granted.