RSA 162/2015

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$~12.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 07.12.2015

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RSA 162/2015

VINOD KUMAR JAIN & ORS

..... Appellant

Through:

Mr. S.C.Singhal, Advocate

versus

VINOD SRIVASTAVA & ORS

..... Respondent

Through:

Mr.

Rajan

Sabharwal,

Standing

Counsel for respondent No. 2.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

VIPIN SANGHI, J. (OPEN COURT)

1.

The present second appeal is directed against the judgment and decree

dated 23.03.2015 passed by the first appellate court, namely, the SCJ-cum-

RC(N/W), Rohini Courts, Delhi, in RCA No. 3/14, whereby the said first

appeal preferred by the appellant/defendant has been dismissed and the

judgment and decree passed by the trial court, namely, the learned Civil

Judge-XII, Central, Tis Hazari Courts, Delhi, in Suit No. 273/14 has been

affirmed.

2.

The original suit had been preferred by respondent No. 1 – Vinod

Srivastava to seek several reliefs, including, the relief that the unauthorised

RSA 162/2015

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construction put up by the appellants above the ground floor i.e. up to third

floor be directed to be removed. A direction to the Municipal Corpora