Mohd Sher Nabi Chaman v. Subhash Chand

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 24/2018 MOHD SHER NABI CHAMAN ..... Petitioner Through:

Mr.Mukesh Gupta, Advocate with Mr.Sanjay Baniwal and Ms.Radhika, Advocates.

versus SUBHASH CHAND ..... Respondent Through:

Ms.Mahamaya and Mr.Ashok Kumar, Advocates for Mr.Gautam Narayan, ASC for GNCTD.

CORAM:

HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 18.12.2018 CM No.53435/2018 (for exemption) 1.

Allowed, subject to all just exceptions.

CM No. 53434/2018 (for stay) 2.

A short affidavit of Sh. Subhash Chand, SDM (Seemapuri), Delhi along with demarcation report dated 13.03.2018 has been filed. The Report records 'Khasra Nos. 976, 977, 978 & 979 are falling on Eastern side, more than 100 meters away from the Concerned property/Land in Question'. It is, thus, evident that the land consisting Cont. Cas. (C) 24/2018

of Khasra Nos. 976, 977, 978 & 979, which DDA claimed to be its property, is 100 meters away from the property in question. 3.

In these circumstances, since the demarcation has already been carried out, learned counsel for the petitioner does not press this petition and seeks liberty to take appropriate action as per law. 4.

The petition and all pending applications are dismissed as withdrawn with such liberty.

5.

Next date of hearing i.e. 3.5.2019 stands cancelled. VINOD GOEL, J.

DECEMBER 18, 2018 "shailendra"

Cont. Cas. (C) 24/2018