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2018 Supreme(Del) 656

VALMIKI J.MEHTA
Gurnam Kaur (Deceased) Through Lr's – Appellant
Versus
BSES Rajdhani Power Limited – Respondent


Advocates Appeared:
For the Decree Holders :Mr. Manish Vashisht and Mr. Manashwy Jha, Advocates.
For the Judgment Debtor :Mr. Rajeeve Mehra, Sr. Advocate with Mr. Anupam Varma, Mr. Nikhil Sharma and Mr. Devashish Marwah, Advocates.

JUDGMENT :

VALMIKI J. MEHTA, J.

Ex. Appl. (OS) 420/2017 in Ex.P. 146/2016

1. By this order the objections filed by judgment debtor under Section 47 of the Code of Civil Procedure, 1908 (CPC) are being disposed of. The execution petition is filed by the plaintiffs/decree holders, and who are the legal heirs of the original plaintiff/decree holder Smt. Gurnam Kaur, seeking execution of the judgment dated 14.7.2016 passed in CS (OS) No. 2691/2015. The judgment dated 14.7.2016 which is sought to be executed reads as under:-

“1. The plaintiff has sued for mandatory injunction directing the defendants BSES Rajdhani Power Limited, South Delhi Municipal Corporation (SDMC) and Divisional Head (O&M) of the defendant No.1 BSES Rajdhani Power Limited to remove the transformer and the electric pole installed in the portion of the properties No. D1/20 and D1/21, Rajouri Garden, New Delhi of the plaintiff and for recovery of arrears and future mesne profits/damages for the use and occupation.

2. The suit was entertained.

3. The defendants No. 1 and 3 have filed a written statement inter alia pleading that the subject transformer has been in existence for over 30 years, though the said defendants are un





















































































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