Delhi High Court
Nav Sansad Vihar Co-Operative ... vs Mr. R.R. Sahu & Ors on 8 November, 2011
Author: G. S. Sistani
$~16.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 277/2009
NAV SANSAD VIHAR CO-OPERATIVE
GROUP & ANR. ..... Plaintiffs
Through : Mr. J.N. Gupta, Adv.
versus
MR. R.R. SAHU & ORS .....
Defendants
Through : Mr. H.S. Phoolka, Sr. Adv. with Mr. R.K.
Joshi, Adv. for defendant no.1.
Mr. Ashok Kashyap, Adv. for defendant
no.2 along with defendant no.2.
Mr. M.K. Singh, Adv. for defendant
no.3 along with defendant no.3.
Mr. Rahul Bhandari, Adv. for Mr. Rajiv
Bansal, Adv. for defendnatno.4.
Mr. C. Mohan Rao and Mr. Lokesh
Sharma, Advs. for the applicant in
I.A.NO.17455/2011
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
ORDER
% 08.11.2011
1. Plaintiffs have filed the present suit for permanent injunction with
the following prayers:
(a) Pass a decree of permanent injunction in favour of the
plaintiffs, restraining the defendants nos.1 and 2, their
servants, agents, employees, representatives, etc. from,
in any manner, acting, holding themselves out and/or
representing the Plaintiff No.2 Club, either in the
capacity of Vice President or Secretary respectively or
otherwise, either before the Defendant no.4 or any other
authority, forum, or body whether of public or private
nature or anywhere else;
(b) Pass a decree of permanent injunction in favour of the
plaintiffs, restraining the Defendant nos.1, 2 and 3, their
servants, agents, employees, representatives etc., from,
in any manner, interfering with, disturbing or
obstructing the peaceful possession, occupation and
enjoyment of the said land, being a plot of land
measuring 10,000 sq. mts. situated in Section 19,
Dwarka (allotted vide Allotment letter dated 29.03.1996,
bearing No.F 13 (5)/84.Instl./752), and the use and
enjoyment of Club facilities by the members of the
plaintiffs.
2. A letter of authorization dated 7.11.2011 duly signed by defendant
no.1 has been handed over in Court by Mr. R.K. Joshi, learned
counsel for defendant no.1, wherein defendant no.1 has instructed
Mr. R.K. Joshi that due to his ill health, it is not possible for him to
participate in the affairs of Club and to contest the above suit and
he has no objection if an order is passed that he will not act on
behalf of Sanjay Club and he will not represent it before DDA as
Vice-President of Sanjay Club. The communication dated 7.11.2011
is taken on record.
3. Mr. H.S. Phoolka, learned senior appearing on behalf of defendant
no.1 on instructions from Mr. R.K. Joshi, Advocate, submits that he
has instructions not to oppose prayers made in the present suit.
4. Defendants no.2 and 3 are present in Court and they are duly
identified by their respective counsel. Statements of defendants
no.2 and 3 have been recorded separately wherein they have
deposed that they have no objection if decree is passed in terms of
prayers (a) and (b) of the plaint. Statement of Sh. R.K. Joshi, learned
counsel for defendant no.1 has also been recorded separately.
5. Having regard to the stand taken by defendants no.1 to 3, present
suit is decreed in terms of prayers (a) and (b) of the plaint, leaving
the parties to bear their own costs. No relief has been claimed
against defendant no.4. Let a decree sheet be drawn up
accordingly.
CS(OS) 277/2009 2/3
I.A.NOS.1982-83/2009, 5422/2009, 2997/2010 & 17455/2011.
6. In view of the order passed in the suit, applications stand disposed
of.
G.S.SISTANI,J
NOVEMBER 08, 2011
msr
CS(OS) 277/2009 3/3
