SAMANIT ENTERPRISES Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) All these four suits concern the same property and were consolidated and the aspect of their maintainability is for consideration.

(2.) The two plaintiffs in CS(OS) No.1441/2004 viz. M/s Samanit Enterprises, a partnership firm and its partner Sh. Ashok Gupta (since deceased, through his legal representatives) and the two plaintiffs in CS(OS) No.1442/2004 viz. M/s Ultimate Services Pvt. Ltd. and its Director Mr. G. Verghese, in or about the year 1997 filed Civil Writ No.533/1997 and Civil Writ No.534/1997 respectively in this Court and which writ petitions were disposed of vide common order dated 08.01.2003. The said order records:

(3.) The plaintiffs in CS(OS) No.1441/2004 and CS(OS) No.1442/2004 after nearly two years of the disposal of the aforesaid writ petitions filed by them (the writ petitions as aforesaid were disposed of on 08.01.2003 and the suits came up first before this Court on 14.12.2004 and 15.12.2004 respectively) instituted the suits for the relief of declaration that the demarcation report dated 20.04.2000 aforesaid is incorrect, illegal and bad in law and for permanent injunction restraining the defendant Delhi Development Authority (DDA) in both the suits from interfering in the peaceful possession of the plaintiffs in and on the land measuring 7 biswas comprised in Khasra No.52/2/2 of village Humayunpur.