DELHI DEVELOPMENT AUTHORITY vs KALU RAM @ KALU & ORS

Judgment text excerpt

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA 193/2014, CM APPL. 12116/2025 DELHI DEVELOPMENT AUTHORITY .....Appellant Through: Ms. Manika Tripathy, SC for DDA with Mr. Aakash Mahak, Mr. Gautam Yadav, Ms. Manisha Pandey, Advs. versus KALU RAM @ KALU & ORS .....Respondents Through: Mr. Sanyam Khetarpal, Mr. Vijay Kasana, Mr. Vishal Chaudhary, Mr. Shoeb Mehmood, Advs.for R-2 LRS of 1, 6, 7 Mr. Kushagra Kumar, SPC, for UOI % Date of Decision: 25.03.2025. CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA JUDGMENT DINESH KUMAR SHARMA, J. (Oral) CM APPL. 12380/2014 (Stay) 1. Learned counsel for the respondent on instructions seeks permission to withdraw the present application. 2. In view of the above, the present application stands dismissed as withdrawn. RSA 193/2014 Page 1 of 10 Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:02.04.2025 15:08:09 RSA 193/2014, CM APPL. 12116/2025 1. The present regular second appeal has been filed challenging the impugned order dated 24.04.2024 in RCA No.57/2014 titled as Delhi Development Authority v. Sh. Kalu Ram @ Kalu and Ors. wherein it was inter alia held that plaintiffs are admittedly in possession of the suit property. It was inter alia held that there is nothing on record to infer that the possession by the respondents No. 1 to 14/plaintiffs is illegal or unlawful as the appellant/defendant No. 1 categorically failed to prove that subsequent to the acquisition of the property the possession was taken over by LAC and handed over to the appellant/DDA. Learned Trial Court further inter alia held that from the testimony of the witnesses, it is established that the possession of the property in question was not taken over by LAC nor handed over to DDA being constructed and situated within the Abadi of East Vino