MRIDULA BANSAL AND ANR. Vs. MCD AND ORS.

JUDGEMENT

(1.) This is a Regular Second Appeal filed by the appellant against the order dated 13.03.2012 passed by Mr. J.P.S. Malik, ADJ, South District, Saket Court Complex, New Delhi, in RCA No. 15/2010 titled as Mrs. Mridula and Anr. Vs. M.C.D. and Anr.

(2.) The only substantial question of law, which arises for consideration is as to whether the learned Civil Judge could have passed the order dated 13.04.2009 under Order 7, Rule 11 CPC, dismissing the suit of the appellant under Order 7, Rule 11 CPC, which order has been upheld by the learned ADJ by the impugned order and, thus, both the orders suffer from perversity.

(3.) Briefly stated the facts of the case are that one Mridula Bansal, appellant No.1 and her husband Vidhya Bhushan Bansal, appellant No.2 filed a suit for mandatory injunction against the MCD, seeking a direction that it must demolish the alleged unauthorized construction purported to have been raised in Property No.M -12, Green Park, New Delhi. In this Smt. Nalini Tripathi was also made as a party. No relief was sought against Smt. Nalini Tripathi and Dr. Harish Chand Bansal.