HARISH AGARWAL Vs. GAON SABHA RAJOKRI & ORS

JUDGEMENT

(1.) This second appeal under Section 100 of the CPC impugns the judgment and decree [dated 25th October, 2017 in RCA DJ No.5306/2016 of the Court of Additional District Judge, New Delhi] allowing the first appeal under Section 96 of the CPC preferred by the respondents / defendants against the judgment and decree [dated 11th December, 2015 in Suit No.407/2015 (UID No. 02401C0384682002) of the Court of Civil Judge-14, Central] allowing the suit of the appellant / plaintiff against the respondents / defendants for permanent injunction restraining the respondents / defendants from interfering or demolishing any part of structure on the Farm House belonging to the appellant / plaintiff bearing No.7A and covered by khasra no.346M, 347M and 348M measuring 2 bigha and 16 biswas, as per sale deed dated 19th December, 1996, and remanding the suit for fresh adjudication after giving opportunity to the parties to lead additional evidence.

(2.) The appeal came up first before this Court on 6th December, 2017, when, without indicating as to what substantial question of law arises, notice thereof was ordered to be issued and trial court record requisitioned and operation of the impugned order stayed.

(3.) The counsel for the respondents / defendants appears.