DESH DEEPAK vs MUNICIPAL CORPORATION OF DELHI & ANR

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 27 March 2025 Judgment pronounced on: 30 April 2025 FAO 97/2015 DESH DEEPAK ..... Appellant Through: Mr. Anurag Ahluwalia, Sr. Adv. With Mr. Harshit Mahalwal, Adv. versus MUNICIPAL CORPORATION OF DELHI & ANR ..... Respondents Through: Mr. Chirag Madan, ASC for MCD with Mr. Rahul Agarwal & Mr. Ronit Bose. Advs. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT 1. The appellant has filed the present appeal under Section 107 read with Order XLI Rule 1(u) of the Code of Civil Procedure, 1908 1, impugning orders dated 15.01.2015 and 04.02.20215 passed by the learned Additional District Judge-02 (Central), Tis Hazari Courts, Delhi 2, in Regular Civil Appeal No. 160/2013, whereby the learned ADJ remanded back the Regular Civil Appeal to the learned Trial Court with the direction to give specific finding on the existence or non-existence of Plot No. B-373, Majlis Park, Delhi 3. FACTUAL BACKGROUND : 2. Briefly stated, the facts necessary for adjudication of the present controversy are that on 31.10.1984, the premises in question were 1 CPC 2 Learned ADJ 1998. 3. Pursuant thereto, the appellant/plaintiff applied for mutation