Rajesh Tandon, J. - (1.)Heard Sri V.K. Kohli, Sr. Advocate, assisted by Sri I.P. Kohli, Counsel for Smt. Shanti Devi and Sri Arvind Vashist and Deepak Rawat, Counsel for Sri Ajay Kaushik.
(2.)By the Second Appeal No. 97 of 2004 filed under Sec. 100 of the Code of Civil Procedure, appellant-Smt. Shanti Devi has prayed for setting aside the judgment and decree dated 24.11.2004 passed by the Vth Additional district Judge/Fast Track Court, Dehradun in Civil Appeal No. 88 of 2001 Shri Ajay Kumar Vs. Smt. Shanti Devi arising out of Suit No. 441 of 1998 Shri Ajay Kumar Vs. Smt. Shanti Devi by which the appellate Court has directed for handing over the possession to the plaintiff.
(3.)By the Second Appeal No. 6 of 2005 Ajay Kaushik Vs. Smt. Shanti Devi, the appellant has prayed for setting aside the judgment and decree dated 24.11.2004 passed by Addl. District Judge/F.T.C. V Dehradun in Civil Appeal No. 88 of 2001, whereby the appellant has been directed to be put back into possession of a part of the property, but for remaining part of the disputed property which is first floor of Property No. A-5, Nehru Colony, Dehradun has been refused.
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