Advocates:
['RR CHACHA', 'BV THANVIBV THANVI NAVNEET THANVI', 'BV THANVI', 'SC MALOO']

S.B.CIVIL WRIT PETITION NO. 5139/2010

Subodh Mittal vs. His Highness Maharaja Shri Ummed Singh Ji Religious Trust & Ors.

Order dt:16/8/2011

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S.B.CIVIL WRIT PETITION NO. 5139/2010

(Subodh Mittal vs. His Highness Maharaja Shri Ummed Singh Ji

Religious Trust & Ors.)

DATE OF ORDER : 16/8/2011

HON'BLE DR.JUSTICE VINEET KOTHARI

Mr. B.V.Thanvi, for the petitioner.

Mr. S.C.Maloo, for the respondents.

1.

Heard learned counsels.

2.

This petition is directed against the order dated 29/3/2010,

whereby, the learned trial court rejected the defendant's application

under Order 14 Rule 5 CPC. The defendant filed the said application

at the stage of defence evidence on 4/2/2010 seeking to raise

additional two issues as stated in para no. 4 of the said application, (i)

As to whether the defendant had encroached the two garages, servant

quarters and open compound wall prior to 4/2/2002 in the suit

property known as `Bal Moral Bhawan' and (ii) As to whether the

telegram dated 6/2/2002 was given by the plaintiff – General

Manager or not.

3.

The learned trial court had already framed these issues in the

present suit for possession on 23/9/2005 (page 87 of the paper boo