VIPIN SANGHI, J. (OPEN COURT)

C.M. No.16617/2015

There is a delay in re-filing of the appeal by 11 days. For the reasons stated in the application, the same is allowed. The delay in re-filing is condoned. The application stands disposed of.

RSA 314/2015 & C.M. Nos.16614-16/2015

1. I have heard learned counsel for the appellant and perused the record. Since I am not inclined to issue notice in the appeal, there is no purpose of issuing notice in either application seeking condonation of delay or application seeking stay of the impugned judgment.

2. The present second appeal is directed against the judgment and decree dated 03.03.2015 passed by the learned ADJ (West) in RCA No.43/2013, titled DDA v. Kaushalya Devi, whereby the first appeal preferred by the appellant/DDA has been dismissed as being devoid of merit. The said first appeal had been preferred to assail the judgment and decree dated 31.10.2011 passed by the court of learned Civil Judge (W), Delhi in Suit No.1058/2006 preferred by the respondent Smt. Kaushalya Devi against the appellant/DDA to seek the relief of permanent injunction.

3. The respondent/plaintiff claimed that she was the owner of the built up prope