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2022 Supreme(SC) 579

M. R. SHAH, B. V. NAGARATHNA
Delhi Development Authority – Appellant
Versus
Diwan Chand Anand – Respondent


Advocates Appeared:
For the Appellant : Mr. Sanjay Poddar, Sr. Adv. Mr. Vishnu B. Saharya, Adv. Mr. Viresh B. Saharya, Adv. For M/s. Saharya & Co., AOR
For the Respondent: Mr. Pramod Dayal, AOR Mrs. Meera Mathur, AOR Mr. Bhupesh Kumar Pathak, Adv. Mr. Nikunj Dayal, AOR Ms. Puja Sharma, AOR Mr. Anil Grover, Adv. Mr. Karunakar Mahalik, AOR Mr. Satish Kumar, Adv. Mr. Sabendra Kumar, Adv. Roopam Rai, Adv.

JUDGMENT :

M. R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned order dated 09.07.2007 passed by the High Court of Delhi in RFA No.280 of 2001 and the subsequent order dated 13.01.2012 passed by the High Court in R.P. No.314 of 2008 in the very same RFA No.280 of 2001, the original appellant before the High Court – Delhi Development Authority (‘DDA’ for short) has preferred the present appeals.

2. The facts leading to the present appeals in a nutshell are as under:

The two plaintiffs, namely, Shri Diwan Chand Anand and Smt. Chanan Kanta Anand claiming to be the co-owners of the suit property filed the suit before the Civil Court/learned Trial Court for declaration and permanent injunction. The suit was filed challenging the acquisition proceedings under the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’). In the plaint defendant nos. 8 to 39 were impleaded alleging to be co-shares as proper parties to the suit. The original plaintiff no.2, Smt. Chanan Kanta Anand, was the wife of original defendant no.8 – Shri Dharam Chand Anand. On the demise of the husband and wife (original plaintiff no. 2 & defendant no. 8) their children were substituted both as

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