Interim Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 403/25
HAJI NASIR ALI MALIK Vs. MUNICIPAL CORPORATION
CNR No.DLCT030013972025
12.01.2026
Present : Ms. Priya Kakran, Ld. counsel for plaintiff.
Sh. Rohit Bhati, ALO for defendant no.1/MCD.
Sh. Himal Akhtar, Ld. counsel for defendant no.2
along with defendant no.2.
An application u/o 7 Rule 14 CPC moved on behalf
of plaintiff’s is pending adjudication. Ld. counsel for plaintiff has
filed affidavit of plaintiff in support of the application.
Submissions heard.
Ld. counsel for defendant no.2 submitted that to
avoid any delay, the court may proceed to allow the application
u/o 7 Rule 14 CPC but requested that the plaintiff be burdened
with the cost.
In view of the submissions and facts on record,
application u/o 7 Rule 14 CPC is allowed subject to cost of
Rs.500/- to be paid to the defendant no.2. Cost paid.
At this stage, it is submitted Ld. counsel for
defendant no.2 that even the construction raised by the plaintiff
in his own property is unauthorized and requested that the
verification report in this regard may be called from defendant
no. 1/MCD.
Ld. counsel for plaintiff submitted that construction
is an old construction but she does not have any objection, if
verification report from defendant no.1 qua the plaintiff’s
property is called.
Though, it is mentioned in the plaint that plaintiff is
resident of house bearing no. 619, Gali Teliyan, Ganj Mir Khan,
PS Chandni Mahal, Delhi-110006, however, upon inquiry, Ld.
Contd….2/-
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counsel for plaintiff submitted that the property has been
partitioned between plaintiff and his sister-in-law in 2010
whereupon, only the first floor, second floor and half of terrace
floor of the aforesaid house no. 619, Gali Teliyan, Ganj Mir
Khan, PS Chandni Mahal, Delhi-110006 has come into the share
of plaintiff. Ld. counsel for the plaintiff further submitted that
plaintiff has attached the copy of said partition deed along with
plaint itself.
In view of the aforesaid facts and submissions,
defendant no.1 is directed to submit the status report qua
construction in the property of plaintiff i.e. first floor, second
floor and half of terrace floor of the house No. 619, Gali Teliyan,
Ganj Mir Khan, PS Chandni Mahal, Delhi-110006.
Pleadings are complete. Same are perused. From the
pleadings of the parties, following issues are framed for trial:
1. Whether the plaintiff is entitled to the decree of
permanent injunction as prayed in the plaint? OPP
2. Whether the plaintiff is entitled to the decree of
mandatory injunction as prayed in the plaint? OPP
3. Whether the suit of the plaintiff is barred by the
provisions of Section 477/478 of the DMC Act for
want of statutory notice? OPD-1
4. Relief.
No other issue either arises or is proposed. List of
witnesses and evidence by way of affidavit be filed within 15
days from today. The plaintiff is directed to supply the same to
the opposite party at least 7 days prior to the next date of hearing.
Renotify for PE on 16.03.2026.
(Gopal Krishan)
ASCJ-01 (Central)/Delhi
12.01.2026
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