SANATAN DHARAM MANDIR SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appeal impugns the judgment and decree dated 30.07.2010 of the Court of Additional District Judge -17 (Central), Delhi of dismissal of suit No.590/2008 filed by the appellant / plaintiff.

(2.) NOTICE of the appeal was issued and the Trial Court record requisitioned. Though the Union of India (UOI) through Ministry of Defence, Director General Defence Estates and Defence Estates Officer were already before this Court as respondents / defendants but an application was filed by the Director General, National Security Guards (NSG), Palam for impleadment in the present appeal claiming that certain portions of the land subject matter of this appeal had been transferred to them. The appellant / plaintiff did not oppose the said impleadment which was allowed vide order dated 09.12.2011 and on which date the appeal also was admitted for hearing. During the hearing on 22.02.2012 the counsel for the appellant / plaintiff confined the relief to a very limited area of land underneath the temple and some area around it and which was stated to be not more than approximately 10% to 15% of the land with respect to which the suit was originally filed; some suggestions for amicable settlement were also mooted on that date. However no settlement could be reached between the parties, as recorded in the order dated 18.03.2013. The newly impleaded respondent i.e. Director General, NSG thereafter filed CM No.8827/2013 under Order 41 Rule 27 CPC to lead additional evidence. Though there was no interim order in the appeal till then but the appellant / plaintiff moved an application in the summer break of the year 2013 and on which application vide order dated 19.06.2013 the parties were directed to maintain status quo. Thereafter, on 02.07.2013, the counsel for the respondents / defendants having expressed urgency, the appeal was posted for hearing for today. The counsels have been heard.

(3.) THE respondents / defendants contested the suit by filing a written statement pleading: