KANPUR DEVELOPMENT AUTHORITY Vs. SHYAMA SWASTHYA KENDRA

JUDGEMENT

(1.) Heard Sri R.N. Singh, learned Senior Counsel, assisted by Sri Ajit Kumar Singh, learned counsel for the Appellant-Kanpur Development Authority and Sri Ashwani Kumar Misra, learned counsel appearing for the plaintiff-respondent, Shyama Swasthya Kendra, a Registered Charitable Society.

(2.) Through this Second Appeal, the Appellant, Kanpur Development Authority (hereinafter referred to as the KDA) has sought to challenge the judgment dated 9.5.2001 and decree dated 28.5.2001, rendered by the Additional District Judge, Kanpur Nagar, arising out of judgment dated 7.5.1993 and the decree dated 17.5.1993, passed by the 1st Additional Civil Judge, Kanpur. The Trial Court and the Lower Appellate Court have recorded concurrent findings of fact in decreeing the Suit filed by the plaintiff-respondent and dismissing the First Appeal preferred by the KDA.

(3.) It emerges from the record that the plaintiff-respondent, Shyama Swasthya Kendra, a Registered Society through its Secretary Shashi Nath Thakkar, had filed a Suit No. 152 of 1990 in the Court of Civil Judge, Kanpur Nagar, against the KDA for a decree of permanent prohibitory injunction restraining KDA and its Officers from demolishing any part of the premises owned by the Society, It was further prayed that the Authorities of the KDA should not cause any interference in the peaceful possession and enjoyment of the property owned by the plaintiff- Society. The 1st Additional Civil Judge, Kanpur, vide judgment dated 7.5.1997, passed under Order VIII, Rule 10, CPC, had decreed the Suit of the plaintiff- respondent. The Defendant, KDA and its officers were restrained by means of permanent injunction from demolishing any part of the constructions standing over the plot Nos. 1874 and 1896 in Panaki-Gangaganj area of Kanpur Nagar. The KDA feeling aggrieved by the aforesaid judgment and decree had filed a time barred First Appeal before the Lower Appellate Court alongwith an application under Section 5 of the Limitation Act in September, 1993. This First Appeal was heard and was dismissed by the Lower Appellate Court, that is, VIII Additional District Judge, Kanpur Nagar vide judgment and decree dated 2.5.2001 and 28.5.2001.