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2015 Supreme(Del) 4497

VIPIN SANGHI
Vinod Kumar Jain – Appellant
Versus
Vinod Srivastava – Respondent


Advocates:
For the Appellant :Mr. S.C.Singhal, Advocate.
For the Respondent No. 2: Mr. Rajan Sabharwal, Standing Counsel.

JUDGMENT :

Vipin Sanghi, J. (Open Court):--

1. The present second appeal is directed against the judgment and decree dated 23.03.2015 passed by the first appellate court, namely, the SCJ-cum-RC(N/W), Rohini Courts, Delhi, in RCA No. 3/14, whereby the said first appeal preferred by the appellant/defendant has been dismissed and the judgment and decree passed by the trial court, namely, the learned Civil Judge-XII, Central, Tis Hazari Courts, Delhi, in Suit No. 273/14 has been affirmed.

2. The original suit had been preferred by respondent No. 1 – Vinod Srivastava to seek several reliefs, including, the relief that the unauthorized construction put up by the appellants above the ground floor i.e. up to third floor be directed to be removed. A direction to the Municipal Corporation of Delhi-respondent No. 5 was sought that they remove the unauthorised constructed being raised by defendant Nos. 1 to 4. The trial court decreed the suit and the first appellate court has upheld the said decree.

3. It is not in dispute that in respect of Nimri Colony, where the suit property is situated, Municipal Corporation of Delhi formulated a policy vide resolution No. 386 dated 25.09.2000. Under this po























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