JAGMAL Vs. RAMESH CHAND AGGARWAL

JUDGEMENT

(1.) IA No. 9211/ 2011 (Order VII Rule 11 CPC) in CS (OS) 735/ 2011

(2.) This suit for permanent injunction has been filed by the Plaintiff against the Defendants seeking restraint upon the Defendants through its agents etc. from carving out any unauthorised colony from the suit land. Relying on the provisions of Sections 81, 83 and 185 of the Act of 1954 and the judgment of this Court in Anil Kumar and Anr. v. B.R.B. Constructions Pvt. Ltd. and Ors., CS (OS) No. 1332/ 2007 decided on 14.05.2008, the contention of the learned counsel for Defendant no. 2, which is supported by the other Defendants is that the jurisdiction of the Civil Court to entertain such a suit for injunction is barred.

(3.) On the other hand, the learned counsel for the Plaintiff places reliance on Pradeep Kumar Sharma and Anr. v. Smt. Shanta Sharma @ Shanti and Ors., CS (OS) No. 1920/ 2011, decided on 22.01.2013 and Ramesh Chander Aggarwal v. Ram Pal, FAO No. 240/ 2006, decided on 12.01.2010 to contend that the such a suit is maintainable before this Court.