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HARPAL SINGH v. ASHOK KUMAR

Supreme Court of India | 2017 INSC 1246 | Diary 397/2015

Status

Judgment

Decided On

2017-12-15

Bench

HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE A.M. KHANWILKAR and HON'BLE MR. JUSTICE D.Y. CHANDRACHUD

Petitioner

HARPAL SINGH

Respondent

ASHOK KUMAR

Citation

2017 INSC 1246

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Full Judgment Text

1

REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 022967 OF 2017 (Arising out of SLP (C ) No 27279 of 2015)

HARPAL SINGH ..... APPELLANT

Versus

ASHOK KUMAR & ANR ..... RESPONDENTS

J U D G M E N T

Dr D Y CHANDRACHUD, J

1 Leave granted.

2 A learned Single Judge of the High Court of Delhi, by a judgment dated 19

September 2014 rejected a petition under Article 227 of the Constitution. The

petition sought to challenge an order dated 21 August 2010 of the Additional

2

District Judge (North) rejecting the objections of the appellant in the course of the

execution of a decree.

3 Sometime in 2002 a suit was instituted by the respondents for a permanent

injunction, alleging that the defendants to the suit were threatening to interfere with

the possession of their lands situated at Nilothi, Delhi. The suit was dismissed by

the Civil Judge on 14 February 2005, holding it to be barred by the provisions of

Section 185 (1) of the Delhi Land Reforms Act, 1954. The Trial court held that

the plaintiff had failed to place any registered document on record to establish his

ownership in respect of the land. Moreover, in the view of the trial Court, it was

necessary for the plaintiffs to first seek a declaration from the revenue court as

bhoomidars upon which alone an injunction could be sought. Su...

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