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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Estate Officer, Haryana Urban Development Authority – Appellant
Versus
Sanjay Kumar – Respondent
JUDGMENT :
NIDHI GUPTA, J.
RSA-3409-2010 (O&M)
1. Defendants are in Second Appeal against the judgment of reversal; whereby suit filed by the plaintiff/respondent for mandatory injunction, although dismissed by learned Trial Court, has been decreed by learned First Appellate Court vide impugned judgment and decree dated 29.05.2010. Defendants are in Second Appeal against the concurrent judgments and decrees of the learned District Courts; whereby suit filed by the plaintiff/respondent for mandatory injunction has been decreed by both the District Courts.
2. Both the above said Second Appeals are being disposed of by this common order as the facts and issues involved in both appeals are identical. For the sake of facility, facts are being drawn from, and parties are being referred to as per their status in RSA No. 3409-2010 titled as The Estate Officer, Haryana Urban Development Authority, Kaithal and others vs. Sanjay Kumar.
3. Brief facts of the case are that the plaintiff had filed the present suit for mandatory injunction seeking a direction to the defendants to deliver a free-hold residential development plot of 500 sq.yds. to the plaintiff in view of the fact that his land holding
Petitioners' failure to apply as per advertised process negates entitlement to oustee plot.
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