LAWS(ALL)-2020-2-61

EKTA AGARWAL Vs. ALINDRA CHANDRA

Decided On February 14, 2020
Ekta Agarwal Appellant
V/S
Alindra Chandra Respondents

JUDGEMENT

(1.) Heard Shri Prashant Chandra, learned Senior Counsel assisted by Shri Ram Raj Singh appearing for the review applicant-respondent no. 1 and the learned Standing Counsel.

(2.) This is an application moved on behalf of respondent no. 1 seeking review of the order dated 25th December, 2019 on the following main grounds:

(3.) Shri Chandra, in support of the application, submitted that the court below had rightly passed the order dated 18.12.2019 in P.A. Execution Case No. 804 of 2019 (Alinda Chandra Vs. R.P. Srivastava), in compliance of the order dated 5th December, 2019 passed by this Court in Writ Petition No. 31167 (M/S) of 2019. He further submitted that the petitioners are the encroachers, therefore, they do not have any right of possession on any portion of the property in question. In support of his submission, he placed reliance on the decision of the Hon'ble Supreme Court passed in the cases of Anil Kalra Vs. J.P. Pandey and Ors., (2015) 16 SCC 694, Ravinder Kaur Vs. Ashok Kumar and Anr., (2003) 8 SCC 289, Zahurul Islam Vs. Abul Kalam and Ors. (1995) (Suppl.) 1 SCC 464, B. Gangadhar Vs. B.G. Rajalingam, (1995) 5 SCC 238 and Om Prakash Garg Vs. Ganga Sahai and Ors., (1987) 3 SCC 553.