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2020 Supreme(Del) 330

PRATHIBA M.SINGH
Prem Singh – Appellant
Versus
Girdhari Dhara – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sanat Kumar, Senior Advocate with Mr. Ravi Joshi and Mr. Vinayak Batta, Advocates
For the Respondent:Mr. Neeraj Yadav and Ms. Aditi Sharma, Advocates

JUDGMENT

Prathiba M. Singh, J.

1. The present petition under Article 227 of the Constitution of India challenges the impugned order dated 1st June, 2018 by which the objections filed by the Petitioner – Mr. Prem Singh have been dismissed by the Executing Court. The petition also challenges the order dated 17th July, 2018 by which the Petitioner’s objections have been disposed of as withdrawn.

2. A suit for possession and recovery was filed in 1977 by one Mr. Girdhari Lal Dhara against four Defendants - Mr. Amin Chand, Mr. Jagan Singh, Mr. Prem Singh and Mr. Dhiraj Singh. The land (“suit property”) is described in para no.1 of the plaint as under:

    “1. The plaintiff is the owner of the land measuring 4000 sq. yds. comprised in Khasra No. 742, situated in the revenue estate of Village Mandawali, Fazalpur, Delhi. The plaintiff constructed thereon a Cinema measuring 450 sq. yds, one room 24' x 24' on the corner side (north west), and one room measuring about 24' x 24' on the side of the north west corner and three room back side. The constructed premises is shown in attached site plan and the same is annexed as Annexure-1.”

3. The case of the Plaintiff was that Defendant Nos.1 and 2 approach

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