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2011 Supreme(Del) 706

INDERMEET KAUR
LAL CHAND PUBLIC CHARITABLE TRUST – Appellant
Versus
DELHI WAKF BOARD – Respondent


Advocates Appeared:
Mr.Sanjeev Sindhwani, Advocate for R-1. Mr.Arjun Harkauli, Advocate for R-2. Mr.Umesh Aggarwal, Advocate for R-6.
Mr.Arvind Nigam Sr. Advocate with Ms.Mandeep Kaur, Advocate.

INDERMEET KAUR, J.

1. Order impugned is the order dated 18.8.2006 which is the order of the appellate court endorsing the finding of the trial court dated 23.9.2004 wherein the application filed by the applicant namely Lal Chand Public Charitable Trust under Order XXII Rule 10 read with Section 151 of the Code of Civil Procedure had been dismissed. These are two concurrent findings by the two courts below.

2. At the outset, it is submitted by the learned counsel for the respondent that this court is sitting in its power of superintendence under Article 227 of the Constitution of India and unless and until there is a manifest illegality or gross error which has led to a miscarriage of justice no interference is called for. It is in this background that the arguments advanced by the learned counsel of for the parties have been appreciated.

3. The record shows that the present suit has been filed by the plaintiff M/s DLF Universal Ltd. against five defendants i.e. Delhi Wakf Board who had been arrayed as defendant no.1 and defendants no.2 to 5 who are private parties. This is a suit for possession. Contention of the plaintiff is that colony namely Greater Kailash was developed by the







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