Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: CS No. /2025
Laxmi Kant Vs. Dushyant & Ors
18.08.2025
Fresh suit received by way of assignment. It be checked and registered.
Present : Ms. Malka Asad alongwith Ms. Sana Iqra, Ld counsels for
plaintiff.
Submissions heard.
Ld counsel for plaintiff submits that defendant no.1 and 2 have
raised a platform in front of temple over the common passage which has
caused inconvenience to plaintiff in ingress and egress from his own property
which is situated in front of the suit property. It is further submitted that the
unauthorized construction is going on continuously and it is prayed that ex-
parte injunction order be granted against defendant no.1 and 2 till the NDOH.
In view of the submissions, defendant no.1 and 2 are restrained
from carrying out unauthorized construction over the suit property i.e. Temple
adjacent to the plaintiff’s property as shown in the site plan till the NDOH.
The plaintiff is directed to comply with order 39 Rule 3 CPC
witin 2 days.
Issue summons for settlement of issues and notice of interim
application to the defendants on filing of PF/RC within 2 days, returnable on
27.08.2025.
The plaintiff shall file copies of plaint and documents alongwith
coloured photographs and site plan, if any, to be sent with the summons.
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MCD is directed to inspect the suit property as well as the
property of the plaintiff and file status report on the next date of hearing along
with measurements, site plan and coloured photographs. In the status report,
MCD is directed to mention the complete details of the present construction
in the suit property. Copy of order be sent alongwith the summons to
defendant /MCD.
Defendants shall file their written statement of defence within 30
days from the date of service/receipt of summons. A noting to this effect be
made on the summons.
At request, copy of this Order be given dasti.
(Umesh Kumar)
JSCC-Cum-ASCJ-Cum-Guardian Judge-02
Central, Tis Hazari Courts/18.08.2025
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