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2017 Supreme(Del) 1988

VIBHU BAKHRU
RAJIV SAVARA – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared
For the Plaintiffs : Mr. Raman Duggal with Mr. S K Gandhi and Ms. Manjula Gandhi
For the Defendants :Ms. Mini Pushkarna, Standing Counsel for SDMC with Mr. Ashutosh, Ms. Vasundhara Nayyar and Ms. Namrata. Mr. Anil Sapra, Senior Advocate along with Mr. Rajeev Kumar Yadav for appellant in OA No. 207/2015

JUDGMENT :

VIBHU BAKHRU, J.

OA No. 207/2015

1. Rose view Estate Private Limited, a company incorporated under the Companies Act, 1956 has filed the present appeal under Chapter-II, Rule 4 of the Delhi High Court (Original Side) Rules, 1967 impugning an order dated 03.03.2015 passed by the learned Joint Registrar, whereby, the appellant’s application (IA No. 17464/2012) filed under Order I Rule 10 of the Code of Civil Procedure, 1908, to be impleaded as a party in the above captioned suit, was dismissed.

2. The plaintiffs and defendant nos. 2 to 11 are owners/residents of a colony named Padmini Enclave, New Delhi. It is claimed that the said colony consists of a plotted development of twelve residential plots of land. The plaintiffs are owners/residents of house nos. 3 and 11 of Padmini Enclave and defendant nos. 2 to 11 (who are pro forma defendants) are the respective owners of the remaining ten plots. The controversy involved in the above captioned suit relates to the title in respect of three roads, which the plaintiffs claim to be private roads of Padmini Enclave and further assert that each of the plot owners have a 1/12th undivided title in respect of the said roads.

3. In their p










































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