GEETA BISWAS Vs. NAMITA DASS & ANR

JUDGEMENT

(1.) C.M. Nos.15670/2018 & 15672/2018 (exemption)

(2.) For the reasons stated in the application, delay in re-filing the appeal is condoned.

(3.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant no.1 in the suit impugning the judgment of the Trial Court dated 16.1.2018 whereby the trial court has decreed the suit filed by the respondent no.1/plaintiff for cancellation of sale documents dated 25.8.2003 and holding them as null and void with respect to the undivided half share of the respondent no.1/plaintiff in the built up property bearing no. RZ-68/350-A (front side), situated on a plot of 35 sq. yards out of Khasra No.350, situated in the Revenue Estate of Village Nasirpur, colony known as West Sagar Pur, New Delhi. Respondent no.1/plaintiff has also been held entitled to by the impugned judgment and decree to mandatory injunction directing the appellant/defendant no.1 to remove herself and her belongings from the first floor of the suit property and hand over vacant physical possession to the respondent no.1/plaintiff. Respondent no.1/plaintiff has been further held entitled to the decree of specific performance against the respondent no.2/defendant no.2 whereby the respondent no.2/defendant no.2 has been directed to execute the necessary conveyance documents qua the suit property in favour of the respondent no.1/plaintiff as also entitled to permanent injunction in her favour and against the defendants in the suit restraining them from creating third party interest in the suit property.