Davindra Mahey vs Commissioner, South Delhi Municipal Corporation

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
ASHA MENON
Davindra Mahey – Appellant
Versus
Commissioner, South Delhi Municipal Corporation – Respondent

Table of Content
1. factual background of the case. (Para 1 , 2 , 3 , 4)
2. petitioner's legal arguments against the demolition order. (Para 5 , 6 , 7 , 8 , 9 , 10)
3. respondent's counterarguments and legal standing. (Para 11 , 12 , 13 , 14)
4. court's analysis and observations on jurisdiction. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21)
5. final decision and dismissal of the petition. (Para 22 , 23)

JUDGMENT

[VIA VIDEO CONFERENCING]

CM (M) 409/2021 and CM APPLs. 19086/2021 (by the petitioner u/S 151 CPC for stay), 19087/2021 (by the petitioner u/S 151 CPC for exemption from filing complete Trial Court record)

1. This petition has been filed under Article 227 of the Constitution of India for setting aside and quashing the order dated 8th January, 2021 passed by the learned ACJ in Suit No. CS SCJ 33/2021 and order dated 24th March, 2021 passed by the learned ADJ-02 in MCA DJ No.04/2021. The petitioner is the plaintiff before the learned Trial Court and the appellant before the learned ADJ.

2. The facts relevant for the disposal of the present petition briefly stated are, that the petitioner is the owner in possession of Flat No.2206 in Pocket 2, Sector C, Vasant Kunj, New Delhi, which was pu

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DELHI HIGH COURTASHA MENONDavindra Mahey – AppellantVersusCommissioner, South Delhi Municipal Corporation – Respondent

DELHI HIGH COURT
ASHA MENON
Davindra Mahey – Appellant
Versus
Commissioner, South Delhi Municipal Corporation – Respondent