The High Court of Delhi disposed of an appeal against the dismissal of a simplicitor suit for injunction. The Court granted the appellants liberty to file a suit for declaration regarding the subject property.
Appeal disposed with liberty to file a suit for declaration.
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ANUJ TYAGI & ORS .....Appellants
Through: Mr. Atul Kr. Sharma, Advocate.
versus ASHOK KUMAR & ORS ..... Respondent Through CORAM: HON'BLE MR. JUSTICE VALMIKI J. MEHTA O R D E R % 07.11.2016
a simplicitor suit for injunction without claim of declaration to the title, the subject suit was dismissed as appellants were not found to be in possession of the suit property on the date of filing of the suit, the appeal is prayed for being withdrawn with liberty, in accordance with law, to file a suit for declaration with consequential relief with respect to the suit property.
VALMIKI J. MEHTA, J
NOVEMBER 07, 2016 ib
1 issue framed by the court
Whether an appeal against a simplicitor suit dismissed for lack of possession can be withdrawn with liberty to file a suit for declaration.
Anuj Tyagi & Ors
Ashok Kumar & Ors
Valmiki J. Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
