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2018 Supreme(Del) 2300

RAJIV SAHAI ENDLAW
Bishan Chand – Appellant
Versus
Ved Prakash (Since Deceased) Thr. Lrs. – Respondent


Advocates Appeared:
For the Appellant : Mr. Hem C. Vashisht and Mr. Rahul Malik, Advs.

JUDGMENT :

1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 8th December, 2017 in CIS-RCA DJ-8726-2016 (CNR-DLST 01-000072-2013) of the Court of the District Judge (South)] of dismissal of First Appeal under Section 96 of the CPC filed by the appellant against the judgment and decree [dated 22nd November, 2013 in CS No.800/10/1996 (Unique Case ID No.02401C0070131998) of the Court of Civil Judge-06 (Central)] of dismissal of suit filed by the appellant/plaintiff against the two respondent/defendants, (i) for declaration that the appellant/plaintiff is the owner of plot/property No.B-34, Central Market, Madangir, New Delhi; (ii) for permanent injunction restraining the respondent/defendant no.1 from making any construction over the said property; (iii) for mandatory injunction directing the respondent/defendant no.1 to remove/demolish the illegal construction raised over the said property; and, (iv) and for recovery of possession of the said property from the respondent/defendant no.1.

2. The appeal came up first before this Court on 12th September, 2018, when on request on behalf of the counsel for the ap






















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