NEGOLICE INDIA LIMITED Vs. PRABHAT BHASKAR

JUDGEMENT

(1.) O.A. 114/2018

(2.) The facts as noted from the impugned order are that the suit has been filed by the plaintiff for declaration, permanent & mandatory injunction and damages in respect of a defamatory statement made by the defendants, that encroachment on public land has been made by the plaintiff while developing the project M2K Victoria Gardens, Azadpur, Delhi ('Project', for short).

(3.) In substance, the plea of the defendant no.2 in the written statement as well as in the application, bearing I.A. No. 9896/2019, with regard to the claim of the plaintiff, is that the plaintiff is an encroacher of land and that he has sought discovery and production of original sale deed dated June 28, 2005 ('Sale Deed', for short) and the site plan annexed thereto executed by the National Textile Corporation (NTC) in favour of the plaintiff and to produce the said documents. The case of the defendant no.2 / applicant in I.A. No. 9896/2019 was that there are contradictions in different documents relied upon by the plaintiff. It was also his case that the site plan annexed to the Sale Deed is relevant for the proper adjudication of the real controversy between the parties, i.e., whether the plaintiff's Project is restricted within 4.54 acres of land or the plaintiff has grabbed / encroached upon public land. The case of the plaintiff / non-applicant in I.A. No. 9896/2018 before the learned Joint Registrar was that defendant no.2/applicant is a stranger and has no right to go into the details of the rights, title and interests regarding the plaintiff's property. The issue of land encroachment has already been considered and decided by this Court on different occasions and copies of the orders are already placed on record. It was also the stand of the plaintiff that the land has been demarcated on different occasions by government authorities and the said demarcation reports are already placed on record. It was also the case of the plaintiff/non-applicant that defendant no.2/applicant had filed a suit bearing No. 430/2013 titled 'Azadpur Gaon Residents Welfare Assn. v. Negolice India Ltd. and Ors.', which was dismissed by the learned Civil Judge, North, Rohini Courts, Delhi and even the appeal was withdrawn.