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2023 Supreme(Del) 5006

JYOTI SINGH
Ashok Ohri – Appellant
Versus
Delhi Development Authority – Respondent


Advocates appeared:
Mr. M. Dutta, Mr. Ved Prakash Gulati and Mr. Aditya Guha, Advocates, for the Petitioners.
Ms. Garima Prashad, Senior Advocate with Mr. Anish Dhingra, Panel Counsel with Mr. Nakul Ahuja and Mr. R. Sriram, Advocates for DDA.

JUDGMENT

Jyoti Singh, J.

1. This revision petition is directed against an order dated 07.12.2020 passed by the learned Executing Court in Execution Case No.62807/2016. Petitioners herein were Applicants before the Executing Court being the subsequent purchasers of the suit property from the original Decree Holder and Respondent No.1/Delhi Development Authority was the Judgment Debtor.

2. The case has a chequered history with a whole web of facts interlinked with each other. Joginder Kumar filed a suit for permanent injunction being Suit No.203/1989 titled `Joginder Kumar v. Yudhvir Khanna and Others', in respect of Plot No.WZ-4 out of Khasra No.2364, behind Tea Stall, Manoj Dhaba, Main Road, Saraswati Garden, New Delhi (hereinafter referred to as the `suit property'). An interim injunction was granted vide order dated 12.09.1989, whereby Defendants therein were directed not to dispossess Joginder Kumar, the Plaintiff.

3. During the pendency of the suit, another suit for declaration and injunction was instituted by Joginder Kumar with respect to the same suit property being CS No.257/1989 (old number) on 13.12.1989. The suit was decreed under Order VIII Rule 10 CPC on 01.12.1990

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