Kuldeep Singh vs Kishan Kumar Since Deceased ...
2022 Latest Caselaw 3260 Del

                                            Neutral Citation Number 2022/DHC/005386



                          $~51
                          * IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                 Judgment delivered on: 06.12.2022

                          +        CM(M) 1367/2022

                                   KULDEEP SINGH                                       ..... Petitioner
                                                      versus
                                   KISHAN KUMAR SINCE DECEASED THROUGH LRS AND
                                   ORS.                              ..... Respondents
                          Advocates who appeared in this case:
                          For the Petitioner :  Mr. Santosh Kumar Suman, Advocate along
                                                with Petitioner in person.
                          For the Respondents : None.
                          CORAM:
                          HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                      JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL)

CM APPL. 52836/2022 (for exemption)

1. Exemption is allowed, subject to all just exceptions.

2. The application stands disposed of. CM(M) 1367/2022 & CM APPL. 52835/2022 (for stay)

3. Petitioner challenges the order dated 29.08.2022 passed by the learned Trial Court, whereby the application seeking modification of the judgment dated 04.09.2017 passed by the learned Trial Court was sought to be modified.

4. The modification, as sought by the learned counsel for the petitioner has already been settled by the judgment dated 04.09.2017 passed by the learned Trial Court in a suit, which was subsequently challenged before

Signature Not Verified Digitally Signed By:VINOD KUMAR

12:50:02 Neutral Citation Number 2022/DHC/005386

this Court in RFA 1051/2017 and by the judgment dated 18.12.2017, this Court had dismissed the aforesaid appeal.

5. From the record, it is also apparent that the petitioner herein had further challenged the judgment dated 18.12.2017 of this Court by way of SLP (C) No. 7650/2019, which SLP was also dismissed vide order dated 14.08.2019.

6. Learned Trial Court in the instant impugned order has considered the issue and recorded the trail of the original suit right up till the dismissal by the Supreme Court on 14.08.2019.

7. By way of the present petition, the petitioner seeks to challenge the impugned order on the same issue in respect of 140 Sq. Yards of property being the Government land, which is no more res integra and it is settled right up till the Supreme Court.

8. Having regard to the above, it is clear that the present petition under Article 227 is not maintainable either on facts or on law.

9. This Court is refraining from imposing any costs upon the petitioner and the petition is dismissed with no orders as to costs.

TUSHAR RAO GEDELA, J

DECEMBER 06, 2022/nd

Signature Not Verified Digitally Signed By:VINOD KUMAR

12:50:02