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2024 Supreme(Del) 606

DINESH KUMAR SHARMA
Antriksh Bhawan Flat Owners And Occupants Welfare Society Regd. – Appellant
Versus
Gopal Ansal Huf – Respondent


Advocates appeared:
Mr. Kanwal Chaudhary and Ms. Niharika, Advocates, for the Plaintiff.
Mr. Harsh Ajay Singh, Advocate for D-1.
Mr. Akash Bhadana, Advocate for D-2 (VC).
Mr. Ajay Digpaul, Mr. Kamal Digpaul, Ms. Ishita Pathak, Advocates for D-3/ UOI.
Mr. Anupam Srivastava, ASC for GNCTD with Mr. Abhilash Mathur, Ms. Sarita Pandey, Ms. Anushka Bhatnagar, Advocates for D-4/Police. SI Mahavir Jogi, PS Barakhamba Road, New Delhi.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present suit has been filed for declaration, permanent & mandatory injunctions and damages with the following prayer:

    "A) Pass a Decree of Declaration declaring the terms of Builder- Buyer Agreement, Bye-Laws; Decisions and Resolutions of Plaintiff Society as regards total and complete administration, maintenance, repair, upkeep and replacement of common facilities; General common areas and facilities etc., binding upon all occupants/owners etc. including Defendant No.1 in the commercial building Antriksh Bhawan, 22, Kasturba Gandhi Marg, New Delhi 110001;

    B) Pass a Decree of Permanent Injunction restraining Defendant No.1 and 2, their agents, servants, successors or assigns and Police Officials of P.S. Barakhamba Road from carrying out any renovation/construction in Flat No.811, Antriksh Bhawan, 22, Kasturba Gandhi Marg, New Delhi 110001 in contravention of terms of Builder- Buyer Agreement, Bye-Laws; Decisions and Resolutions of Plaintiff Society and/or without seeking appropriate permission from Plaintiff Society;

    C) Pass a Decree of Mandatory Injunction directing Defendant No.1& 2, their agents, servants, successors or assigns to remov

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