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2021 Supreme(Del) 96

NAVIN CHAWLA
Chander Kanta – Appellant
Versus
Govt. of NCT of Delhi – Respondent


Advocates Appeared:
For the Petitioner: Mr. Amit Sharma, Adv.
For the Respondent: Mr. Anupam Srivastava, ASC with Ms. Sarita Pandey, Adv.

JUDGMENT :

NAVIN CHAWLA, J.

CM No.12220/2021 (Exemption)

Allowed, subject to all just exceptions.

CM(M) 273/2021 & CM No.12221/2021 (Stay)

1. This petition has been filed by the petitioners challenging the order dated 08.03.2021 passed by the learned Civil Judge-06 (Central), in Suit No. 637 of 2021, titled Chander Kanta & Ors. v. Govt. of NCT of Delhi, filed by the petitioners.

2. The Suit has been filed by the petitioners praying for the following relief:

    “(A) Pass a decree of declaration in favour of the Plaintiffs and against the Defendants thereby declaring the Vacation Notice dated 18.01.2020 and 26.02.2021 as null and void being illegal and non-sustainable; AND

(B) Pass a decree of Permanent Injunction in favour of the Plaintiffs and against the Defendants thereby restraining the defendants and their successors, assigns, representatives etc. from dispossessing the Plaintiffs from their respective kiosks in question as mentioned in para no.2 above without following the due process of law and further without providing them an alternate site.”

3. Alongwith the Suit, the petitioners had filed an application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter

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