LAWS(DLH)-2016-8-369

VIDYA DEVI Vs. DELHI DEVELOPMENT AUTHORITY

Decided On August 17, 2016
VIDYA DEVI Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed against the impugned Judgment of the First Appellate Court dated 25.01.2010 dismissing the suit for injunction against dispossession filed by the appellants/plaintiffs. Once again today adjournment is sought on behalf of the appellants and which is very vehemently opposed on behalf of the respondent/DDA. On the last date i.e on 19.4.2016 adjournment was taken on behalf of the appellants and the court passed the following order:-

(2.) No objections have been filed to the demarcation report and in fact none could have been filed as stated hereinafter. It is seen that the appellants are deliberately seeking adjournments for less than honest purpose and this is clear from the Order passed by this Court on 28.1.2014 which records that in case the land on which the appellants are situated falls in Khasra no.236/2/2 of Village Shakarpur Illaqa Shahdara, Delhi, and which is an acquired land, then, appellants will claim no rights in such land. The Order dated 28.1.2014 was passed to resolve the controversy as to whether appellants/plaintiffs are in possession of land which is Khasra No. 236/3 at Village Shakarpur, Illaqa Shahdara, Delhi as claimed by the appellants or they are physically located in Khasra No. 236/2/2 of Village Shakarpur Illaqa Shahdara, Delhi and which is an acquired land. The Order dated 28.1.2014 reads as under:-

(3.) Para 4 of the aforesaid order is relevant because the admission of the appellants is recorded that in case appellants are found to be situated on the acquired government land i.e Khasra no.236/2/2, then, they will claim no rights in the land.