MANMOHAN SINGH
Arvind Singhal & Ors. – Appellant
Versus
Max Therapiya Limited & Ors. – Respondent
1. By this order I propose to decide all the pending applications in this suit for declaration, permanent and mandatory injunction filed by the plaintiffs against the defendants in respect of property bearing No. 2, Padmini Enclave, Aurobindo Marg, New Delhi– 110016 (hereinafter referred to as “the suit property”).
2. The details of the applications are given as under :
The following applications are pending disposal at this stage:
(i) I.A. No. 10958/2014 under Order 39 Rules 1 and 2 CPC.
(ii) I.A. No. 10959/2014 under Section 478 (3) of the DMC Act read with Section 80(2) and Section 151 CPC.
(iii) I.A. No. 11975/2014 under Order 26 Rule 9 CPC.
(iv) I.A. No. 13602/2014 under Section 151 CPC.
(v) I.A. No. 14450/2014 under Order 7 Rule 11 read with Section 151 CPC.
3. Brief facts are that ‘Padmini Enclave’ is a colony adjacent to Q- Block of Hauz Khas on Aurobindo Marg, New Delhi –110016 that comprises of only 12 dwelling units all of which are residential since the said colony was carved out only for residential purposes as per the approved Lay-Out Plan sanctioned by defendant No. 3 vide Resolution No. 13 dated 30th July, 1958. The said colony comprises of 20 bighas of
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