SURJE RAM KATARIA vs K K MISHRA & ANR.

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 24th March, 2025 + W.P.(C) 15862/2022 & CM APPLs. 49338/2022 & 49340/2022 SURJE RAM KATARIA .....Petitioner Through: Mr. G. S Chaturvedi and Mr. Virat Vibhav Singh and Mr. Praveen Mohan Agrawal, Advocates along with the Petitioner, Mob- 9811092221. versus K K MISHRA & ANR. .....Respondents Through: Dr. (Maj) JC Vashista, Advocate for R-1. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present writ petition is filed by the Petitioner- Surje Ram Kataria under Article 226 read with Article 227 challenging the impugned judgment dated 22nd September, 2022 passed by the ld. Delhi Cooperative Tribunal. 3. It is an unfortunate case where so much judicial time is spent on one car parking issue for so many years. A brief background of the case is that the Petitioner is the present owner of flat no. 37 in plot no. 13-B, Sector-6, Dwarka, New Delhi-110075 in Subh Laxmi C.G.H Society Ltd. He had a dispute with the occupant of flat no. 35 relating to the parking lot assigned to Signature Not Verified Signed By:MANJEET KAUR W.P.(C) 15862/2022 Page 1 of 6 Signing Date:26.03.2025 13:04:49 him. It is his case that he had purchased the apartment from the previous owner along with the parking lot and the Respondent No.1 has taken illegal possession of the parking lot. 4. The Respondent No.1-K.K. Mishra who is the owner of flat no. 35 states that the previous owner of the flat no. 37 had mutually exchanged his parking lot with that of flat no. 35 as he was not staying in the said premises. The Respondent relies on the handwritten resolution passed by the Managing Committee on 4th July 2009. The relevant clause of the said resol