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2016 Supreme(Del) 2283

ASHUTOSH KUMAR
SURESH CHANDER GOYAL – Appellant
Versus
DAVINDER SINGH – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr.Tarun Singla, Advocate.
For the Respondents:Mr.Prakash Chander, Mr.Rakesh Mittal, Advocate

JUDGMENT :

ASHUTOSH KUMAR , J.

1. The appellants/plaintiffs namely (i) Suresh Chandra Goyal having residence at B-45, Maharani Bagh, New Delhi, (ii) M/s Goyal Gases Private Limited having registered office at M-136, 2nd Floor, Connaught Circus, New Delhi and (iii) Ravi Chawla having residence at B-43, Maharani Bagh, New Delhi, lodged suit no.119/2006 against the three private respondents as well as Municipal Corporation of Delhi (for short ‘MCD’) and Delhi Development Authority (for short ‘DDA’) accompanied by an application under Section 91 of the CPC which, though, was not pressed before the Trial Court, with the following reliefs :

i. A decree of declaration that the defendant nos.1 to 3 have no right, title or interest with respect to plot nos. 7B/1 and 7B/2, Taimur Nagar and adjoining area falling within 80 ft. Wide road or any part thereof;

ii. a decree of injunction against the defendant nos.1 to 3 restraining them from encroaching upon the public road in any manner whatsoever on the western side of the plot nos.7B/1 and 7B/2 Taimur Nagar, New Delhi;

iii. a decree of injunction against the defendant nos.1 and 2 restraining them from carrying on construction of buildings on the pl



















































































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