GHAIZABAD DEVELOPMENT AUTHORITY Vs. MADAN LAL AND ANOTHER

JUDGEMENT

(1.) Sri. Amit Manohar, learned counsel for the appellant, Sri Raj Kumar Khanna, learned counsel for the respondent no.1, Sri Ajay Kumar Singh and Sri Sachindra Tripathi, learned counsel for the respondent no.2 are present.

(2.) This is a second appeal under Section 100 of Code of Civil Procedure (hereinafter referred to as 'C.P.C.') filed by defendant no.2.

(3.) The brief facts giving rise to the present appeal are that the respondent no.1/plaintiff filed a suit bearing Original Suit No.2107 of 2006 praying that a decree of partition between plaintiff and the defendant no.1 be passed in respect of Plot no.9, Sector-5, Rajendra Nagar, Sahibabad and Shop No.A-15, Municipal Market, Ghaziabad. The respondent no.1/plaintiff also claimed mandatory injunction thereby directing the appellant (defendant no.2) to enter the name of respondent no.1 in the records as sole lessee of Plot no.9, Sector-5, Rajendra Nagar, Sahibabad and to delete the name of respondent no.2 (defendant no.1 in the original suit).