A.F.R.

Judgment Reserved on 09.02.2026 Judgment Delivered on 24.02.2026 Neutral Citation No. - 2026:AHC:40819 Court No. - 38 Case :- FIRST APPEAL No. – 702 of 2025 Appellant :- Nagar Nigam Ghaziabad And Another Respondent :- Indra Mohan Sachdev Counsel for Appellant :- Shreya Gupta Counsel for Respondent :- Ramesh Kumar Singh, Shivam Yadav, Vinay Kumar Singh Chandel Hon'ble Sandeep Jain, J.

(1) The instant appeal has been filed by the defendants under section 96 CPC against the impugned judgment and decree dated 13.5.2025 passed by the court of Civil Judge(Senior Division), Ghaziabad in O.S. No. 960 of 2024 Indra Mohan Sachdev vs. Nagar Nigam Ghaziabad and another whereby, the plaintiff 's suit for mandatory injunction has been decreed.

Plaint case (2) The plaintiff filed O.S. No. 960 of 2024 against the defendants with the averments that he is the owner in possession of plot no. 9, Anand Industrial Estate, GT Road, Ghaziabad, on the basis of judgment and decree dated 31.5.2022 passed by the Additional Civil Judge (Senior Division) Court No. 4, Ghaziabad in O.S.no.1126 of 2019 Indra Mohan Sachdev vs.Smt. Sushila Mehra. The plaintiff further averred that the above O.S. no.1126 of 2019 was decreed ex- parte and he was declared the owner of the above plot on the basis of adverse possession and it was further decreed by the court that the plaintiff was not to be evicted, except by adopting due procedure of law.

(3) The plaintiff further averred that the judgment and decree passed in O.S.no.1126 of 2019 has attained finality since it has not been challenged by anyone in a court of law, as such it is binding and effective.

(4) It was further averred by the plaintiff that he has deposited tax of ⑯Г the above property amounting to 28,690/- on 15.6.2022 with the defendant Nagar Nigam Ghaziabad, which was accepted by it without any objection, and thereafter, the plaintiff was regularly making payment of tax.

(5) It was further averred by the plaintiff that since he is the owner in possession of the disputed plot, he was entitled to get his name entered as a owner regarding the disputed plot in the records of Nagar Nigam, Ghaziabad and for doing so, he moved an application dated 13.6.2022 for entering his name in the property register of the Nagar Nigam ,Ghaziabad, which was supported by his affidavit and the certified copy of the judgment dated 31.5.2022 passed by the court in the above mentioned case, and he also personally met the Tax Supdt. and requested him to enter his name in the records of Nagar Nigam ,Ghaziabad but no action was taken by him. It was further averred that he gave a legal notice through his Advocate Parvinder Kumar on 17.9.2022 under section 571 of the Nagar Nigam Act to the defendants, which was also received by them, but even then, his name has not been entered in the property register of the defendant Nagar Nigam, Ghaziabad.

(6) It was further averred by the plaintiff that currently, the above plot is registered as property no. 12/9 poultry house, having PIN no. 31329 and the mobile number 9350237758 of his security guard Hemant is registered on this property, in the records of the Nigam Ghaziabad. In this backdrop, when the plaintiffs name was not registered as owner in the records of the defendants, the plaintiff was compelled to file the instant suit, for the following relief:-

''By decree of mandatory injunction granted in favour of the plaintiff against the defendants, the Nagar Nigam, Ghaziabad be directed to enter the name of plaintiff as owner of property no. 9, new no. 12/9 Anand Industrial Estate, GT Road, Ghaziabad within a time fixed by the Court.''

Case of the defendants (7) The defendants filed the written statement before the trial court in which they denied the plaint averments. It was averred that in O.S. no. 1126 of 2019, Nagar Nigam Ghaziabad was not impleaded as a party to the suit, hence the defendants are not aware of the correct facts of that case. It was further averred that in Miscellaneous Case