Resident Welfare Association 12 Block Subhash Nagar Through Its President Shashi Kant Alagh v. Krishan Devnani Executive Engineer (M-1) Wz South Delhi Municipal Corporation & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 1006/2024 & C.M.Nos.58731-58733/2024 RESIDENT WELFARE ASSOCIATION 12 BLOCK SUBHASH NAGAR THROUGH ITS PRESIDENT SHASHI KANT ALAGH .....Appellant Through:

Ms.Sonal Alagh with Mr.Aviral Kapoor, Mr.Divyanshu Jha and Ms.Udita Gupta, Advocates.

versus KRISHAN DEVNANI EXECUTIVE ENGINEER (M-1) WZ SOUTH DELHI MUNICIPAL CORPORATION & ORS.

.....Respondents Through:

Mr.Arjun Mahajan, standing counsel for DDA with Mr.Apoorv Upmanyu, Ms.Neha Rai and Ms.Jahnavi Singh, Advocates.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 07.10.2024 1.

After some arguments, learned counsel for the appellant wishes to withdraw the present appeal with liberty to file a Civil Suit on the same cause of action.

2.

Though the wall in question has been constructed some years ago, yet this Court is of the view that the cause of action is a recurring one. Accordingly, the appellant is given liberty to file a Civil Suit. It is clarified that the Court hearing the proposed Civil Suit shall decide the same on merits uninfluenced by any observations made by the learned Single Judge in the impugned order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2024 at 16:39:31

3.

With the aforesaid liberty and clarification, present appeal along with the applications is disposed of.

CHIEF JUSTICE TUSHAR RAO GEDELA, J OCTOBER 7, 2024 KA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2024 at 16:39:31