Interim Order 17

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 5 CS SCJ 1645/24
R C MALHOTRA Vs. HANUMAN MANDIR PRABHANDHAK
COMMITTEE(REGD)
The court is being conducted physically as well as virtually.
28.07.2026
Note: All Counsels appearing through VC are requested to ensure
that their video is on when their matter is taken up. Their
appearance will not be noted otherwise. They are also requested to
appear in proper court attire from an appropriate place having no
background noise.
Present: Sh. Rajesh Tiwari, Ld. counsel for plaintiff along with
plaintiff.
Sh. Rishabh Sharma, Ld. counsel for defendant no.1 &
2 along with Sh. Ravi Pathak, General Secretary of
defendant no.1.
Sh. Ajay Mishra, Ld. counsel for defendant no.3.
A fresh application is moved on behalf of plaintiff
under Order 6 Rule 17 CPC, seeking amendment only to the
valuation clause of the suit.
Counsel for defendants submits that he has no objection
to the aforesaid application.
Considering that the amendment sought is only formal
and technical in nature, the application stands allowed.
Amended plaint is taken on record. Amended Written
Statement also filed on behalf of defendant no.1 & 2. Copy supplied.
Arguments heard on two separate applications moved
under Section 151 CPC & under Order 39 Rule 4 CPC.
As far as the application under Order 39 Rule 4 CPC is
concerned, plaintiff is seeking setting aside of the order dated
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30.05.2025, by way of which, the prayer of interim injunction was
declined by this court. In substance, by way of this application,
plaintiff is once again seeking injunction against the defendant.
However, such a relief is not maintainable under Order 39 Rule 4
CPC as the said provision provides for vacation or setting aside of an
injunction already granted by the court upon sufficient reasons being
shown. The provision does not provide for setting aside an order
whereby the prayer for injunction is declined. Hence, this
application is devoid of any merits and is accordingly dismissed.
Put up for orders on application under Section 151 CPC
on 07.09.2026.
(SANA KHAN)
Civil Judge-05/Central/THC
28.07.2026
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