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2008 Supreme(Del) 1182

S.MURALIDHAR
EAST END APARTMENTS COOPERATIVE GROUP HOUSING SOCIETY – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
Mr.Aseem Mehrotra, Advocate
Mr.Vikas Gautam, Advocate for Respondent/Ashok Nagar Welfare Asso. Mr.Vibhu Shankar, Advocate for DMRC. Mr.Ajay Verma, Advocate for DDA. Mr.Jatinder Sethi, Advocate for intervener societies.

1. These two writ petitions and the CM(M) are all concerning land measuring approximately 13 Bighas comprising in Khasra No.391/263 situate at village Chilla Saroda Bangar, Delhi. Since the matters involve common questions of law and fact, they are being disposed of by this common judgment.

2. CM(M) 1558/2007 is by the Delhi Development Authority (for short `DDA) for setting aside an ex parte decree dated 6th January, 1999 passed by the Additional District Judge, Delhi in Suit No.222/1998 (Suit 1066/1990) under Section 6 of the Specific Relief Act and also an order dated 23rd July, 2005 passed by the Civil Judge, Karkardooma Court, Delhi dismissing the application under Order IX Rule 13 CPC filed by the DDA for setting aside the said ex parte decree. The first respondent in the CM(M) is the Ashok Nagar Welfare Association (Regd.), the plaintiff in Suit No.222/1998. Respondents No.2 and 3 are Union of India and Govt. of National Capital Territory of Delhi respectively. Respondents 4 to 40 are the original defendants 1 to 37.

.3. Writ Petition(C) No.3326/2006 has been filed by the East End Apartment Co- operative Group Housing Society in public interest against the DDA and Ashok Na













































































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