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Bharat Bhushan Jain & Anr. vs Uoi & Ors. on 14 July, 2014

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Delhi High Court
Bharat Bhushan Jain & Anr. vs Uoi & Ors. on 14 July, 2014
Author: Valmiki J. Mehta

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RSA 54/2002

% Reserved on :2nd July , 2014 Decided on : 14th July, 2014

BHARAT BHUSHAN JAIN & ANR. ......Appellants Through: Mr.Vinod Kumar Srivastava,

Advocate.

VERSUS

UOI & ORS. ...... Respondents Through: Mr.M.K. Singh, Advocate R-2.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J

1. This Regular Second Appeal is filed under Section 100 of Code of

Civil Procedure, 1908 (CPC) impugning the concurrent judgments of the

courts below; of the trial court dated 15.01.2000 and the first appellate court

dated 08.01.2002; whereby the suit of the appellants/plaintiffs for permanent

injunction has been dismissed. Plaintiffs claimed rights in an open piece of

land admeasuring approximately 628 sq. yards adjoining the

property/house/Kothi no.1, Ansari Road, Darya Ganj, Delhi (hereinafter the

subject/disputed/suit plot/property). Injunction was prayed as the plaintiffs

RSA 54/2002 Page 1 of 19 alleged that Municipal Corporation of Delhi (MCD) was wrongly unloading

bricks on the subject plot. Injunction was prayed against interfering and

disturbing the possession and ownership of the plaintiffs. Plai


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