Final Order 4

Order Details: COPY OF ORDER
Pdf Text: Civ Suit 672/24
SHRI RAM KISHAN
Vs.
DELHI DEVELOPMENT AUTHORITY
05.06.2025
Present: Plaintiff in person alongwith Ld. Counsel Mr. Sultan
Chaudhary.
None for defendant.
WS alongwith application for condonation of delay
has been filed on behalf of the defendant. Taken on record. Copy
supplied.
Be awaited for appearance of defendant.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
05.06.2025
AT 12:31 PM
Present: Plaintiff in person alongwith Ld. Counsel Mr. Sultan
Chaudhary.
Mr. Vijay Tyagi, Ld. Counsel for the defendant
through VC.
Ld. Counsel for the plaintiff prays that the present
suit be decreed under O 12 R 6 CPC on the basis of the
admissions made in the WS filed on behalf of the defendant
DDA.
Arguments have been heard. Record perused.
The defendant in his WS in para 3 has stated
“that
the plaintiff is in unauthorized and illegal possession of
Govt. land”. Thus, there is a clear unequivocal and unambiguous
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admission by the defendant of the possession of the plaintiff over
the suit property. Further, the defendant has not denied the
alleged threat of dispossession of the plaintiff.
Thus, upon a holistic reading of the pleadings and
the clear unequivocal admission by the defendant regarding
possession of the plaintiff over the suit property, this Court is of
the considered view that the present case is squarely covered
under the provisions of under O 12 R 6 CPC which empowers
this Court to pass the judgment on the basis of admissions.
In view of the above, the suit is decreed. The
defendant DDA is restrained from dispossessing the plaintiff
from the suit property i.e. Khasra No. 390/263, admeasuring 750
sq. yds. situated in Revenue Estate of Village Chilla Saroda
Bangar, Delhi as shown in the site plan without due process of
law.
Decree sheet be prepared accordingly.
File be consigned to Record Room after necessary
compliance.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
05.06.2025
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