Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 426/25
Abdul Vakeel Vs. Naresh poddar
CNR No. DLCT030014452025
13.05.2025
Present : Sh. Mohit Kaushik, Ms. Simran and Sh. Uditanshu
Sharma, Ld. Counsel for the plaintiff.
None for the defendant.
Vide this order, the application filed by plaintiff
under order 39 Rule 1 & 2 CPC shall be decided.
Brief facts relevant to the present adjudication are
that plaintiffs No.1 to 3 are the owners of first, second and third
floor respectively in property bearing No.12, Hathi Khana, Azad
Market, Delhi-110006 (hereinafter referred to as ‘suit property’).
Defendant no.1 is the owner of the ground floor of the suit
property. It is stated that the construction of the suit property is
about 80 years old and defendant no.1 is trying to change the
structure of the ground floor of the suit property by reducing the
width of the walls from 14 inches to 4 inches without obtaining
any sanction plan from the MCD and without the consent of the
plaintiffs.
It is further stated that plaintiff has carried out
unauthorized construction on the ground floor of the suit property
without any sanction plan. Plaintiffs approached the defendant
no.1 to not change the structure of the ground floor and stop
raising unauthorized construction as the same shall cause danger
to the life and limb of the residents of the suit property, but to no
avail.
It is stated that due to the raising of unauthorized
construction, cracks have developed in the suit property. When
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Abdul Vakeel Vs. Naresh poddar
CNR No. DLCT030014452025
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defendant no.1 did not stop, plaintiffs approached defendant
no.2/MCD, to which defendant no.2 issued a work stop notice
dated 10.02.2025 to defendant no.1, however, the unauthorized
construction did not stop. Local police was also informed,
however, no action had been taken. Hence, the present suit for
permanent injunction to restrain defendant no.1 from raising any
unauthorized construction in the suit property and for mandatory
injunction to direct defendants no.2 and 3 to stop raising of any
unauthorized construction and to further seal the ground floor of
the suit property.
By way of the present application, plaintiffs seek an
interim injunction restraining defendant no.1 from carrying out
any illegal and unauthorized construction on the ground floor of
the suit property.
Summons were duly served upon all the defendants.
No WS had been filed on behalf of either of the defendants.
Therefore, their right to file the WS had been closed.
Arguments heard. Record perused.
Plaintiffs have placed on record the title documents
of the first, second and third floor of the suit property to prove
their title/possession over the same. Plaintiffs have also placed on
record the copy of work stop notice u/s 344 of the DMC Act,
dated 10.02.2025, which prima facie shows that unauthorized
construction is being carried out on the ground floor of the suit
property. No objection whatsoever has come on record on behalf
of defendant no.1.
In view of the above, plaintiffs have been able to
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Abdul Vakeel Vs. Naresh poddar
CNR No. DLCT030014452025
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establish prima facie case in their favour. The balance of
convenience also lies in favour of the plaintiffs. In case, the
alleged unauthorized construction is allowed to be carried out,
irreparable loss shall be caused to the plaintiffs.
Therefore, the application filed by the plaintiffs
under order 39 Rule 1 & 2 CPC is allowed and defendant No.1 is
restrained from raising any unauthorized construction till the
disposal of the present suit on the ground floor of the suit
property i.e. propery bearing No.12, Hathi Khana, Azad Market,
Delhi-110006
Nothing in this order shall tantamount to an
expression on the merits of this case.
Put up for further proceedings on 11.06.2025.
(Rinku Jain)
ASCJ-01 (Central)/Delhi
13.05.2025
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