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2009 Supreme(Del) 1170

HIMA KOHLI
Rakesh Kumar Gupta – Appellant
Versus
MCD – Respondent


ADVOCATES APPEARED:
For the Appellant :Sanat Kumar, Advocate.
For the Respondents:Mukesh Gupta, with S.K. Mogha, Advocates for MCD.

Judgment :

HIMA KOHLI, J.

ORAL

1. The present appeal arises out of a judgment and decree dated 03.07.1999 passed by the trial court, dismissing the suit for permanent injunction filed by the appellant against the respondents, seeking to restrain them from dispossessing him or interfering in any manner with his physical possession over the land and structures in plots No. 13 and 14, measuring 600 sq. yards, part of Khasra No. 40/25 situated in the revenue estate of village Sameypur, Delhi.

.2. The case, as set out by the appellant in his plaint, was that he had come in possession of the aforesaid land in question in the year 1974, by way of adverse possession and since the year 1978, he had installed a petrol pump on the said land. It was averred that on 31.03.1997, the officials of respondents tried to forcibly dispossess the appellant from the land in question, thus compelling him to institute the suit for permanent injunction on 03.04.1997.

3. On the very first day, i.e., on 04.04.1997, while issuing summons to the respondents (defendants in the trial court), an exparte injunction order was passed, on the interim application for stay filed by the appellant, restraining the res
























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