Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 1873/23
CNR No.DLCT030053882023
RAM PRAKASH Vs. BABITA VERMA
03.05.2024
Present : Ms. Meenakshi Aggarwal, Ld. counsel for the
plaintiffs alongwith plaintiff No.1.
Sh. Amit Kumar, Ld. counsel for the defendant No.1
and 2 alongwith defendant No.1.
Sh. Aman Gupta, Ld. counsel for the defendant
No.3/MCD through VC.
Case has been received back from mediation as not
settled.
It is submitted by Ld. counsel for the defendant No.1
and 2 that the defendants are ready to make the statement that neither
they were throwing the garbage as alleged by the plaintiff nor they
would be doing so in future.
Ld. counsel for the plaintiffs submits that after the
cleaning done by the MCD, the garbage has been again thrown in the
property.
It appears that the suit would not be halted on the
statement of defendant No.1 and 2 as plaintiffs have been alleging that
the defendant No.1 and 2 have been throwing garbage in the property.
The application under section 151 CPC filed by the
plaintiffs is not maintainable before this Court in view of Section 44
of DRC Act.
The application is accordingly dismissed.
Arguments have already been heard on the application
under order 39 Rule 1 & 2 CPC and order 7 Rule 11 CPC.
Accordingly, put up for orders on 29.05.2024.
(Pranav Joshi)
ASCJ (Central)/Delhi
03.05.2024
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