FAO No. 456/2010

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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FAO No.456/2010 & CM No.22352/2010

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21^st July, 2011

DHRUBA DASGUPTA & ORS

...... Appellants

Through:

Mr. Naresh K. Thanai, Advocate.

VERSUS

SURJENDU SHEKHAR GHOSH & ORS

...... Respondents

Through:

Mr. S.K.Bhaduri and Mr. K. Kumar,

Advocates for R-1 and R-2.

Mr. Sudhir Kathpalia, Adv. for Ms.

Suparana Srivastava, Adv. for R-3/MCD.

CORAM:

HON’BLE MR. JUSTICE VALMIKI J.MEHTA

1.

Whether the Reporters of local papers may be

allowed to see the judgment?

2.

To be referred to the Reporter or not?

3.

Whether the judgment should be reported in the Digest?

VALMIKI J. MEHTA, J (ORAL)

1. The challenge by means of this first appeal under Order XLIII Rule 1 of

the Code of Civil Procedure, 1908 (CPC), is to those portions of the impugned

orders dated 13.10.2010 and 26.11.2010, which have restrained the

appellants/defendants from constructing a lift to the third floor of the suit

premises.

2011:DHC:3641

FAO No. 456/2010

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2. The only issue which arises for determination is as to whether the

plaintiffs/respondents have any right title or interest in the area w