Rajeev Chaudhary vs Baldev Raj Wasan
2014 Latest Caselaw 5514 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    Date of Decision: 5th November, 2014
+     RSA 320/2014
      RAJEEV CHAUDHARY                                    ..... Appellant
                  Through:              Ms. Ruchi Munjal, Advocate

                           versus

      BALDEV RAJ WASAN                                     ..... Respondent
                   Through:             Nemo.

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                        JUDGMENT

(Oral)

C.M.No.18087/2014 (u/S 151 CPC)

For reasons stated in the application, delay of 06 days' in re-filing the accompanying appeal is condoned.

Application is disposed of.

C.M.No.18086/2014 (u/S 151 CPC)

Allowed subject to all just exceptions.

RSA No. 320/2014 & C.M.No.18085/2014 (for stay) In this appeal, the concurrent findings returned by both the courts below are that on the basis of admission made by appellant, respondent is entitled to a decree for possession of suit property.

The factual background of this case already stands noted in the

RSA 320/2014 Page 1 impugned judgment and needs no reproduction.

At the hearing of this appeal, it was submitted by learned counsel for appellant that the decree for the whole of the property has been passed and the property in question is not identified and without getting it partitioned, decree for possession ought not to have been passed.

Upon hearing and on perusal of impugned judgment, the material on record, I find that the suit property is sufficiently described in the plaint as well as in the impugned judgment and decree for possession of suit property by the courts below on the basis of admission made by appellant is amply justified.

No substantial question of law arises in this appeal. Hence, this appeal and the application are dismissed with no order as to costs.

The appeal and the application are accordingly disposed of. Dasti.

                                                        (SUNIL GAUR)
                                                          JUDGE
      NOVEMBER 05, 2014
      s




RSA 320/2014                                                          Page 2