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2014 Supreme(Raj) 2063

NISHA GUPTA
Sham Kumari Wali – Appellant
Versus
JDA – Respondent


For the Applicant-Appellant:N.K. Maloo, Senior Advocate and V.K. Tamolia, Advocate.
For the Respondent No. 1-JDA:Durga Singh, Mahendra Goyal and Mahendra Gaur, Advocates.
For the Respondent No. 2:Mahendra Gaur, Advocate.

JUDGMENT

1. - The matter has come up on Application No. 22921/2014 dated 19/11/2014 filed u/S. 151 CPC on behalf of the appellant for demolition of the construction raised in violation of the stay order.

2. Contention of the counsel for the appellant is that initially, interim-order has been passed on 04/10/2002 whereby, status-quo was directed to be maintained by all the parties. On 11/11/2005, the appeal has been admitted and the stay was confirmed. Contention of the counsel for the appellant is that respondent No. 2 is raising construction hence, he be restrained from raising further construction and the construction so raised should be demolished. The reply to the said application has been filed by respondent No. 2 and today, additional reply has also been filed and counsel for the appellant has also filed rejoinder.

3. Heard learned counsel for the parties, perused the application, reply, rejoinder and attached documents.

4. The only contention of the counsel for the appellant is that the interim-order dated 04/10/2002, which has been confirmed vide order dated 11/11/2005 be maintained and the parties be directed to maintain status-quo. The counsel for respondent No. 2 has not de












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