ANKITA AGARWAL Vs. MAMTA AGARWAL

JUDGEMENT

(1.) This writ petition has been filed under Article 227 of the Constitution of India, whereby the petitioners- defendants have put to challenge the judgment and order dtd. 29/9/2021, passed by learned IVth Additional District Judge, Dehradun, in Misc. Civil Appeal No.91 of 2019, Smt. Mamta Agarwal Vs. Smt. Ankita Agarwal and others, whereby the misc. civil appeal filed by the respondent no.1-plaintiff was allowed and the judgment and order passed by learned trial court dtd. 16/10/2019 whereby issue nos.3 and 4 were decided in favour of the petitioners-defendants and against respondent no.1- plaintiff, was set aside.

(2.) Facts of the case in brief are that an Original Suit No.410 of 2016, Mamta Agarwal Vs. Ankita Agarwal and others, was instituted in the court of learned Ist Additional Civil Judge (S.D.) for permanent injunction as well as mandatory injunction (subsequently relief (B) was added by way of an amendment) for delivery of possession of the suit property. The suit was filed by the respondent no.1-plaintiff on the premise that the petitioner-defendant nos.1 and 3 were the licensee of the respondent no.1- plaintiff and after revocation of the license the respondent no.1-plaintiff wanted to recover the possession of the suit property.

(3.) Separate written statements have been filed by the petitioner-defendant nos.1 and 2. In the written statement a plea has been taken that the court fees has not been properly paid by the respondent-plaintiff.