Interim Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 15 CS SCJ 506/25
Mohd Taiyab Husain Vs. Naresh Kumar
Regular Stenographer is on leave today.
30.05.2026
File taken up today on an application u/s 151 CPC. Filed by the
applicant/plaintiff.
Present: Sh. Muntzir Mehdi, Ld. Counsel for the plaintiff
(through VC).
None for the defendant.
The aforesaid application has been filed on
23.05.2026 on behalf of the plaintiff for necessary permission to
repair the suit property.
The notice of the aforesaid application was issued
against the defendant on the said date. The said notice received
back unserved with the report that no person with such name was
found at the address mentioned on the notice.
In the aforesaid application, plaintiff has stated that
he has purchased the suit property and he is in settled possession
of the same. Due to the hindrance caused by the defendant,
plaintiff could not repair the suit property which is in very
dilapidated condition which is also causing damage to the ground
floor. Therefore, it is necessary to repair the suit property to avert
serious damage to the property and loss of human life.
Arguments heard on behalf of the plaintiff.
None has appeared on behalf of the defendant as
notice issued against him has remained unserved.
Plaintiff has filed the present suit for permanent
injunction against the defendant. Defendant appeared in the court
on 02.02.2026 and admitted that plaintiff is in possession of the
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suit property. Thereafter, the application u/O 39 Rule 1 & 2 of the
plaintiff was disposed off with the direction to both the parties to
not create any third party interest in the suit property and
defendant was also restrained from causing any interference in
the possession of the plaintiff during the pendency of the suit.
The photograph filed along with the application by
the plaintiff shows that suit property is in urgent need of repair. In
the opinion of the court, irreparable loss may be caused to the
plaintiff if the permission to repair the suit property is not granted
to him. Defendant has already admitted the possession of the
plaintiff over the suit property. Therefore, no prejudice will be
caused to him if the permission is given to the plaintiff to repair
the suit property. To prevent the misuse of the permission,
necessary conditions can be imposed upon the plaintiff.
In view of the above, the present application is
allowed and plaintiff is at liberty to repair the first floor of the
suit property subject to the following conditions.
i. Plaintiff will file the photographs of the suit property
before and after the repair in the court on the NDOH.
ii. Plaintiff will not make any fresh construction in the suit
property under the garb of repairing the same.
iii. Plaintiff will not claim any compensation in respect of
repair made by him in the suit property from the defendant at the
conclusion of the suit.
iv. Plaintiff will not create any third party interest or part with
possession of the suit property.
Needless to say, defendant will not create any
obstruction or disturbance in the repair work to be done by the
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plaintiff.
Copy of the present order be given dasti to the
plaintiff.
Put up on the date fixed i.e. 17.07.2026.
(SUNIL KHATRI)
Civil Judge-06 (Central)
Tis Hazari Courts
Delhi/30.05.2026
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