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2004 Supreme(Del) 1181

MUKUNDAKAM SHARMA, G.C.MITTAL
SUBHASH MARKET ASSOCIATION – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
ANAND YADAV, Ashok Bhasin, G.P.THAREJA, RAJEEV MEHRA

Mukundakam Sharma, J.

( 1 ) THIS appeal is directed against the judgment and order passed by the learned Additional District Judge on September 16, 2004 passed in Suit No. 1236/2000 dismissing the suit filed by the appellants as plaintiffs with costs.

( 2 ) THE suit was instituted by the appellants as plaintiffs seeking for a decree -of declaration that the plaintiffs and particularly its members are owners by adverse possession in respect of all the area abutting the Central Park, and also for a decree of permanent injunction and also mandatory injunction restraining the defendants, their agents, servants and employees from in any manner ejecting the plaintiff-association and its members and their families from the suit property as also restraining further demolition and to prove temporary structures at the suit site, and also to pass a decree for damages.

( 3 ) THE aforesaid suit was instituted in the name of Subhash Market association. In the cause title of the suit the appellant-plaintiff described itself as follows: "subhash Market Association Subhash Market JJ Camp, Nanakpura, Moti Bagh I, New Delhi-110021. " however, along with the aforesaid plaint a memo of parties was anne















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