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


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 purchased by his father. The property has since been converted into a free hold flat which was originally built by the Delhi Development Authority ("DDA", for short). The petitioner claims that he was carrying out some internal and external repairs of this flat when, out of sheer jealously and with ulterior motives, in order to harass and intimidate the petitioner, his neighbour Shri Dasrath Si

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