LAWS(DLH)-2018-1-564

SURENDER KUMAR Vs. DELHI DEVELOPMENT AUTHORITY & ORS

Decided On January 31, 2018
SURENDER KUMAR Appellant
V/S
Delhi Development Authority And Ors Respondents

JUDGEMENT

(1.) The petitioner had instituted civil suit (now registered as suit no.12617/2016) on 10.11.2006 initially against Delhi Development Authority (DDA), the first respondent herein, seeking reliefs in the nature of declaration to the effect that he is the sole owner of the subject property and for mandatory injunction against DDA for mutation of the subject property in his name. It is stated that second to fourth respondents moved an application on which they were impleaded in the case which led to the plaint being amended wherein the petitioner (as the plaintiff) also sought the relief of prohibitory injunction against them from entering into the subject property or raising any construction therein or from dispossessing or interfering in his peaceful possession or enjoyment.

(2.) It is the case of the petitioner that upon facts coming to light that the property had been belatedly transferred by the said respondents in favour of the fifth respondent, she was also impleaded as additional defendant.

(3.) The impugned order dated 15.11.2017 would show that the defendants other than DDA are suffering the proceedings ex parte.