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1996 Supreme(Del) 774

B.GOEL
C. P. RAMAN – Appellant
Versus
RAM PYARI SHARMA – Respondent


J. B. Goel, J.

( 1 ) THIS Revisioin Petition challenges the legality and propriety of Order dated 17. 8. 1995 passed by the Learned Civil Judge, Delhi dismissing an application under Order I Rule 10 of the Civil Procedure Code. filed by the petitioners /defendants (insuitno. 323/94 ).

( 2 ) THE Respondent is the plaintiff in the suit before the Trial Court while the present petitioners are the defendants. Plaintiff filed a suit for injunction against defendants claiming to be owner of Property No. C-1a/114-A, Pankha Road, Janakpuri, New Delhi and was living in that house since 1973 alongwith her family. There is vacant piece of land lying between plaintiff s flat and neighbouring flat No. C-IA/113-A where the plaintiff has planted shrubs plants and trees and fencing hedges, as alleged by her, to control pollution as there was a drain nearby and to prevent entry of stray animals, hedge fencing has also been done in the front side; the defendants who are also residents of the same block and claiming to be executive members of Residents Welfare Association were hostile and inimical to her, are alleged to have conspired and threatened her on 4. 9. 1994 and again on 8. 9. 1994 to demoli
















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