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2016 Supreme(Del) 3893

VALMIKI J.MEHTA
KHUBI RAM SHARMA – Appellant
Versus
YASHPAL – Respondent


Advocates Appeared:
For the Appellants : Mr. Sanjay Poddar with Mr. Sandeep Bajaj, Mr. Gobind Kumar, Mr. Soaqib Qurashi and Mr. Sachin.

JUDGMENT :

VALMIKI J. MEHTA, J.

1. These Regular Second Appeals under Section 100 of the Code of Civil Procedure, 1908 (CPC) are filed against the concurrent Judgments of the courts below; of the Trial Court dated 24.5.2011 and the First Appellate Court dated 22.1.2013; by which the suits for injunction filed by the appellants/plaintiffs were dismissed. The claim in the suit was with respect to a cause of action of the appellants/plaintiffs that the smaller portion JKLM forming a part of gali DGHI admeasuring 60 sq. yards was a private gali of the appellants/plaintiffs and in which the respondents No. 1 and 2/defendants have no right including for opening of any doors or ventilators in the gali. For the sake of convenience reference is made to the facts of RSA No. 78/2013.

2. The subject suit was filed by the plaintiffs pleading that they and their predecessors-in-interest were owners of one bigha and one biswa of land (1058 sq. yards) comprised in Khasra No. 511 of village Shahpur Jat, New Delhi. It was pleaded that the original co-owners of this land had left a private gali shown as DGHI in the site plan Ex.PW1/1. The disputed portion JKLM is part of this private gali of 60 sq. yard






















































































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