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2016 Supreme(Del) 3721

VALMIKI J.MEHTA
NORTH DELHI MUNICIPAL CORPORATION – Appellant
Versus
PRASHANT NARULA – Respondent


Advocate Appeared:
For the Appellant :Ms. Mini Pushkarna, standing counsel for NDMC with Ms. Vasundhara Nayyar, Ms. Mohila Yadav and Ms. Anushruti, Advocates.
For the Respondent:Mr. Ravinder Sethi, Sr. Adv. with Mr. Rajiv Kumar Ghawana, Mr. Puneet Sharma, Mr. R.H. Sharma & R.D. Sharma, Advocates, Mr. A.K. Singla, Sr. Adv. with Mr.H.D. Sharma, Adv.

JUDGMENT :

VALMIKI J. MEHTA, J

1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the North Delhi Municipal Corporation/defendant against the concurrent Judgments of the courts below; of the Trial Court dated 5.12.2013 and the First Appellate Court dated 23.2.2015; by which the courts below have decreed the suit for declaration and permanent injunction filed by the respondent nos. 1 and 2/plaintiffs with respect to the suit property failing in Khasra no. 262, 258 and 217/4 of Village Bhrola, Delhi. Neither in the plaint nor in the site plan filed with the plaint area of the suit property is specified, however, counsel for respondent nos. 1 and 2/plaintiffs state that the suit property is a plot admeasuring 300’ X 80’ as stated in the Agreement to Sell/Ex.PW1/3 dated 4.12.1998 executed by respondent no.2/Sh. Jai Prakash/plaintiff no. 2 in favour of respondent no.1/Sh. Prashant Narula/plaintiff no. 1. The suit has been decreed by the courts below in favour of respondent nos. 1 and 2/plaintiffs by declaring that the appellant is having no right, title and interest in the suit land depicted in the site plan Ex.PW1/4 and a decree for per






































































































































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