PRADEEP AGGARWAL Vs. SANJEEV MATHUR
HIGH COURT OF DELHI
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(1.) We have heard the learned counsel for the parties on this appeal filed
by the appellants praying for quashing and setting aside the impugned order
dated 29th August, 2006 passed by the learned Single Judge.
(2.) By the aforesaid order, prayer of the appellants to dismiss the suit
filed by the respondent No. 1 was rejected. The learned Single Judge did not
accept the contention of the counsel appearing for the appellants, who are
defendant Nos. 2 to 6 that the suit was not maintainable as the plaintiff-
respondent had earlier filed a writ petition and held that the issue
pertaining to alleged unauthorised construction can be adjudicated inter-se the
parties and, therefore, the suit cannot be dismissed as not maintainable. He
referred to the orders passed dismissing the writ petition and in appeal. The
learned Single Judge further observed that trial should be expedited and issued
a direction to the Municipal Corporation of Delhi to file the entire record
containing application received for grant of sanction to effect construction/re-
construction on property bearing No. 1, Maharaja Lal Lane, Civil Lines, New
Delhi. The aforesaid direction was also passed by the learned Single Judge as
the same would include the sanction granted as also the notings on the file.
Having held thus, the learned Single Judge framed the following issues:-
i) Whether the suit is barred by limitation? OPD-1
ii) Whether building plans sanctioned by Municipal Corporation of
Delhi pertaining to the suit property are not in conformity with
iii) If issue no. 2 is decided in favour of the plaintiff,
whether the sanction granted is liable to be revoked? OP Parties.
iv) Whether constructions effecting on the suit property are
otherwise compoundable? OPD
(3.) Having gone through the records, we are of the considered opinion that
whether the suit is maintainable or not, cannot be decided at this stage without
looking into the entire evidence and records. In the facts and circumstances of
the case, we are of the considered opinion that an additional issue should be
framed in the suit for determining as to whether the suit is maintainable.
Apart from the aforesaid issues framed by the learned Single Judge, the
following issue is framed:-
?i) Whether the suit filed by the plaintiff is
not maintainable? OPD-3 to
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