Aswal vs Rajeev Mohan Agarwal
2022 Latest Caselaw 3142 UK

FA No.185 of 2022
Hon'ble Ravindra Maithani, J.

Mr. Siddhartha Singh and Mr. P.S. Bisht, Advocates for the appellants.

The instant appeal is preferred against judgment and decree passed in Original Suit No.536 of 2011, Smt. Mala Aswal Vs. Rajeev Mohan Agarwal, by the court of Second Additional Senior Civil Judge, Dehradun ("the suit").

Heard learned counsel for the appellants.

The suit was filed by the respondent seeking perpetual injunction as well as eviction of the appellants from the flat in dispute. In their counter claim, the appellants sought cancellation of sale deed as well as perpetual injunction. The suit filed by the respondent was decreed but the counter claim preferred by the appellants, has been dismissed.

Admit.

Issue notice to the respondent returnable within 4 weeks.

Steps to be taken within a week. Call for the LCR.

List these matters on 14.11.2022. Heard on Stay Application IA No.1 of 2022.

Learned counsel for the appellants would submit that, in fact, the appellants are in possession of the flat in dispute. Based on a forged sale deed, the respondent claims the right for the flat. The counter claim was preferred by the appellants for cancellation of sale deed. The appellants are still in possession of the flat.

Having heard, this Court is of the view that till the next date of listing, the operation of the impugned judgment and decree shall remain in abeyance.

(Ravindra Maithani J.) 24.09.2022

RV