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2022 Supreme(P&H) 348

ALKA SARIN
Nirbhay Singh Brar – Appellant
Versus
Jagdeep Singh Dhindsa – Respondent


Advocates Appeared:
Mr. A.K. Chopra, Senior Advocate with Mr. Vidul Kapoor, Advocate, for the Appellant; Mr. Harsh Bunger, Advocate for respondent No.1. Mr. Dharminder Singh Randhawa, Advocate for respondent No.2, for the Respondent

JUDGMENT

Alka Sarin, J. - The present revision petition has been preferred by the defendant-petitioners challenging the order dated 20.01.2022 passed by the lower Appellate Court whereby the application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC') filed by the plaintiff-respondent No.1 has been allowed and the order passed by the Trial Court has been set-aside.

2. The brief facts relevant to the present lis are that on 02.04.2021 the plaintiff-respondent No.1 filed a suit for declaration and perpetual injunction seeking the following reliefs :

      'It is therefore prayed that the suit of the Plaintiff for Declaration to the effect that the site plan submitted by Defendants No.1 & 2 to Defendant No.3 and the sanction granted by Defendant No.3 pertaining to the construction of Commercial Complex in the abadi area of Village Mundi Kharar is illegal, null & void against the notifications building by law issued by the State Govt. and the rules & master plan prepared by Greater Mohali Area Development Authority and other relevant laws dealing with the area falling within the periphery of Chandigarh and governed by Greater Mohali Ar

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