Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 659/25
GOPAL KUKREJA Vs. NDMC THROUGH COMMISSIONER
22.09.2025
Present : Plaintiff with Ld. counsel Sh. Udit Sharma.
Ms. Nivedita, Ld. Proxy Counsel for defendant
No.1/MCD.
Defendant no.2 with Ld. Counsel Ms. Anita Devi.
Sh. Narender Kumar, Ld. Counsel for the
applicant/Soofia Paiker.
Fresh vakalatnama filed on behalf of defendant no.2.
Same is taken on record.
Reply to application u/o 1 Rule 10 CPC is not yet
filed on behalf of the plaintiff.
Ld. Counsel for plaintiff seeks time to file
appropriate application for amendment of the plaint as the
description of the suit property as wrongly mentioned.
Heard. Allowed.
Above mentioned application be filed within one
week from today with advance copy to opposite side atleast one
week prior to the next date of hearing.
Perusal of the record shows that plaintiff and
defendant no.2 are neighbours and the suit has been filed for
unauthorized construction. Therefore, it is expedient to examine
the maintainability of the suit in view of the law laid down in
Rajendra Motwani & Ors. vs. MCD & Ors. RSA No.243/17
dated 16.10.2017.
Put up for filing on above mentioned application and
for arguments on maintainability on 29.10.2025.
(Rinku Jain)
ASCJ-01 (Central)/Delhi
22.09.2025
-- 1 of 1 --