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A-46
% 12.7.2011
Present; Mr. S.C.Kalra and Mr. V.K. Mehra , Advocate for the appellant.
Mr. Ajay Verma and Mr. Amit Mehra, Advocate for the respondent/DDA.
+ CM(M)No.767/2011
*
The order impugned before this Court is the order dated 02.04.2011. By way ofthat order the Court has disposed ofan application under Order 1 Rule 10 Code of
Civil Procedure as filed on behalf of the Bhagwn Nagar Resident Welfare
Association. The last paragraph ofthe order is read asfollows
"The real controversy in present suit is whether suit land falls in
IChasra No.447 as claimed by plaintiffor in Khasra No.440 as claimed by
DDA. If the land in question falls in Khasra No.440, as claimed by
DDA,Then it would be for DDA to give 5 meter passage from Khasra
No.440 as stated before Hon;ble High Court and not,ifotherwise,proved during trial.. Therefore, presence of applicant/society/association, in presentsuitfor perrnanentinjunction,asfiled by plaintiffagainstDDA,is not necessary and therefore, application U/o 1 rule 10 CPC dated
13.03.2007 as filed on behalf of Bhagwan Nagar Residents Welfare
Association for impleading as defendantin present suit,stand dismissed.
On advance notice the counsel for the DDA has appeared. He states that he is bound by this Order. In case itisfound thatthe disputed land falls in KhasraNo.440, the DDA will ensure that a 5 metre passage is made available as had been undertaken before the Hon'ble High Court on 18.5.2005.
2011:DHC:7791
2:^
No further directions are called for. With these directions,the petition stands disposed of.
INDERMEET KAUR,J.
JULY 12,2011 b
2011:DHC:7791
A-46
% 12.7.2011
Present; Mr. S.C.Kalra and Mr. V.K. Mehra , Advocate for the appellant.
Mr. Ajay Verma and Mr. Amit Mehra, Advocate for the respondent/DDA.
+ CM(M)No.767/2011
*
The order impugned before this Court is the order dated 02.04.2011. By way ofthat order the Court has disposed ofan application under Order 1 Rule 10 Code of
Civil Procedure as filed on behalf of the Bhagwn Nagar Resident Welfare
Association. The last paragraph ofthe order is read asfollows
"The real controversy in present suit is whether suit land falls in
IChasra No.447 as claimed by plaintiffor in Khasra No.440 as claimed by
DDA. If the land in question falls in Khasra No.440, as claimed by
DDA,Then it would be for DDA to give 5 meter passage from Khasra
No.440 as stated before Hon;ble High Court and not,ifotherwise,proved during trial.. Therefore, presence of applicant/society/association, in presentsuitfor perrnanentinjunction,asfiled by plaintiffagainstDDA,is not necessary and therefore, application U/o 1 rule 10 CPC dated
13.03.2007 as filed on behalf of Bhagwan Nagar Residents Welfare
Association for impleading as defendantin present suit,stand dismissed.
On advance notice the counsel for the DDA has appeared. He states that he is bound by this Order. In case itisfound thatthe disputed land falls in KhasraNo.440, the DDA will ensure that a 5 metre passage is made available as had been undertaken before the Hon'ble High Court on 18.5.2005.
2011:DHC:7791
2:^
No further directions are called for. With these directions,the petition stands disposed of.
INDERMEET KAUR,J.
JULY 12,2011 b
2011:DHC:7791
JUDGMENT