NAGAR NIGAM GHAZIABAD Vs. INDRA MOHAN SACHDEV

JUDGEMENT

(1.) The instant appeal has been filed by the defendants under Sec. 96 CPC against the impugned judgment and decree dtd. 13/5/2025 passed by the court of Civil Judge(Senior Division), Ghaziabad in O.S. No. 960 of 2024 Indra Mohan Sachdev vs. Nagar Nigam Ghaziabad and another whereby, the plaintiff 's suit for mandatory injunction has been decreed.

(2.) The plaintiff filed O.S. No. 960 of 2024 against the defendants with the averments that he is the owner in possession of plot no. 9, Anand Industrial Estate, GT Road, Ghaziabad, on the basis of judgment and decree dtd. 31/5/2022 passed by the Additional Civil Judge (Senior Division) Court No. 4, Ghaziabad in O.S.no.1126 of 2019 Indra Mohan Sachdev vs.Smt. Sushila Mehra. The plaintiff further averred that the above O.S. no.1126 of 2019 was decreed ex- parte and he was declared the owner of the above plot on the basis of adverse possession and it was further decreed by the court that the plaintiff was not to be evicted, except by adopting due procedure of law.

(3.) The plaintiff further averred that the judgment and decree passed in O.S.no.1126 of 2019 has attained finality since it has not been challenged by anyone in a court of law, as such it is binding and effective.