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2021 Supreme(Del) 709

ANU MALHOTRA
Hindustan Petroleum Corporation Ltd. – Appellant
Versus
Ajay Bhatia – Respondent


Advocate Appeared:
For the Appellant :Mr. Sandeep Sethi, Sr. Adv. with Mr. Naveen Raheja, Ms. Aditi Shastri, Advocates.
For the Respondent:Mr. M.M. Kalra, Advocate.

JUDGMENT :

1. The Ex.F.A.13/2019 & Ex.F.A.30/2019 are being taken up together, in as much as, the issue involved in both the Execution First Appeals relates to the contention raised on behalf of the appellant herein that an inaccurate site plan had been filed by the respondent Ajay Bhatia herein in CS(OS) No.1828/2006 against the Hindustan Petroleum Corporation Limited arrayed as the present appellant as also against the Union of India vide which suit the plaintiff thereof arrayed as the sole respondent to EX.F.A.13/2019 and arrayed as the respondent no.1 to EX.F.A.30/2019 with defendant no.2 to the said suit Hindustan Petroleum Corporation Limited, Laxmi Nagar, New Delhi being arrayed as the respondent no.2 to EX.F.A.30/2019, had filed a suit for recovery of possession of land and mesne profits with the following prayers:-

    “a) a decree for recovery of possession in respect of plot measuring 9,700. sq.ft. situated at 4/4 Azadpur, G.T. Road, Delhi as shown in red in the plan may be passed in favour of the Appellant and against the defendants as shown red in the plan attached.

b) the decree for recovery of Rs. 1965000/- being the damages @ Rs. 50000 per month from July 2003 to June 2006

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