APARNA ASHRAM Vs. SUBH CHINTAK KISHORE

JUDGEMENT

(1.) THIS Regular Second Appeal is preferred against the judgment dated 31.3.2012 of the Addl. District Judge (Central), Tis Hazari Courts passed in RCA No. 41/2011.

(2.) THE respondent No. 1 herein is the allottee of a plot bearing No. 39, Block-A, measuring 736.922 sq. mt., Friends Colony, New Delhi by the respondent No. 2 Delhi Development Authority (DDA). Since the possession of the said plot was not delivered by the DDA to the respondent No. 1, the latter filed a suit being Suit No.87/2007 against DDA, which was ultimately decreed in his favour and against DDA (respondent No.2). The decree remaining unsatisfied, the respondent No. 1 filed execution. The appellant came into fray and filed objections in the Executing Court. Its objections came to be dismissed by the Executing Court vide order dated 23.08.2011. The appellant carried the matter in appeal before the Addl. District Judge, which came to be dismissed vide order dated 31.3.2012. It is this order of the ADJ, which is assailed here by way of regular second appeal.

(3.) NOW having seen above that the appellant not only made several unsuccessful attempts to be impleaded as a party in the suits filed by the respondent No. 1 against DDA, but also filed a suit against both the respondents claiming to be in rightful possession of suit premises, where also, he remained unsuccessful. The appellant seems to be utterly frustrated in having made so many attempts and getting failed everywhere. The Executing Court rightly observed that the appellant does not seem to be willing to accept its fate, but continue to fight lost battle again and again, on one or the other pretext. The objections which were taken by the appellant were nothing, but based on the old story of its possession of the suit premises, based on the aforesaid letter written by the respondent No. 1 to the respondent No. 2 DDA. The objections have been dismissed by the Executing Court vide detailed order dated 23.08.2011 and the appeal against the same has been dismissed with well-reasoned judgment of learned ADJ vide his order dated 31.3.2012.