S.K.MAHAJAN
NEWTECH ESTATE AND INDUSTRIES PRIVATE LIMITED – Appellant
Versus
INDER SINGH OBEROI – Respondent
( 1 ) THIS appeal is directed against the order passed by the Additional District Judge in a suit filed by respondent No. 1 whereby the appellants were restrained from putting the property in question to any use other than residential purpose till the disposal of the suit. A few facts relevant for deciding this appeal are :-
PLAINTIFF/respondent No. 1 is the owner of residential premises bearing No. 78, Hemkunt Colony, New Delhi. The adjacent plot of land bearing No. 79 was purchased by the appellants and they constructed a building thereon after allegedly getting the building plans sanctioned from the Municipal Corporation of Delhi. Respondent No. 1, being the immediate neighbour of the appellant, filed a suit for permanent injunction restraining the appellants from putting the property bearing No. 79, Hemkunt Colony, New Delhi to any non-residential use or from doing any commercial activity from the said premises on the allegations that the appellants were intending to put the premises to commercial use which would affect the rights of the plaintiff besides the same being in violation of the zonal and master plan of Delhi. Along with the suit, an application for
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