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2019 Supreme(SC) 276

A.M.SAPRE, DINESH MAHESHWARI
Estate Officer, Haryana Urban Development Authority – Appellant
Versus
Gopi Chand Atreja – Respondent


Advocates Appeared:
For the Appellant : Mr. Vishwa Pal Singh,Adv. Mr. Ronak Karanpuria,Adv. Mr. Ugra Shankar Prasad, AOR
For the Respondent: Mr. Gagan Gupta, AOR.

JUDGMENT

Abhay Manohar Sapre, J.

These appeals are directed against the final judgment and orders dated 23.01.2008 and 05.05.2008 passed by the High Court of Punjab & Haryana at Chandigarh in R.S.A. No. 4110 of 2007 and R.A.C. No. 23-C of 2008 in R.S.A. No. 4110 of 2007 respectively whereby the High Court dismissed the second appeal as well as the review application filed by the appellants herein.

2. These appeals involve a short point as would be clear from the facts mentioned hereinbelow.

3. The appellants herein is the Haryana Urban Development Authority (hereinafter referred to as "HUDA"). They are the defendants whereas the respondent is the plaintiff in the civil suit out of which these appeals arise.

4. The respondent filed a civil suit being Civil Suit No. 305 of 2000 in the Court of Civil Judge(Jr. Division), Karnal against the appellants (HUDA) claiming a decree for declaration with consequential relief of permanent and mandatory injunction in relation to the suit land. The suit was decreed by the Trial Court on contest vide judgment/decree dated 01.05.2001.

5. The appellants (defendants) felt aggrieved and filed first appeal being Civil Appeal No. 92 of 2001 in the Court of Ad

















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