Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: CS No.1883/24
SUNEETA Vs. KARAN BHATIANI
10.09.2025
Present: Husband of plaintiff in person.
Ms. Jaya Goel, Ld. counsel for defendant (through VC).
It is submitted on behalf of plaintiff that counsel is not present.
On the last date, plaintiff had sought opportunity to move an appropriate
application seeking impleadment of proposed party. Till date no such
application has been moved on behalf of plaintiff.
It is submitted by Ld. counsel for defendant that there is no
cause of action against defendant and that present suit is not maintainable
against the defendant and prayed that suit be dismissed.
Put up for appropriate orders at 04:00 PM.
Divya Gupta
CJ-08 (Central)
10.09.2025/Delhi
At 04:00 PM
Present: None.
Present is a suit for mandatory injunction and damages. Case of
the plaintiff in brief is that defendant is the owner of property no.733, Gali
Dorwali, 6 Tooti Chowk, Pahar Ganj, Swami Ram Tirath Nagar, Central Delhi –
110055. That the abovesaid property is adjacent to the property of defendant
bearing No.732, Gali Dorwali, 6 Tooti Chowk, Pahar Ganj, Swami Ram Tirath
Nagar, Central Delhi – 110055. That defendant has locked the property for last
few years and due to non-care same is in dilapidated condition and is causing
damage to the adjacent property of the defendant as mentioned above. Hence,
plaintiff has sought relief of mandatory injunction seeking directions against the
defendant to get his property bearing No.733, Gali Dorwali, 6 Tooti Chowk,
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Pahar Ganj, Swami Ram Tirath Nagar, Central Delhi – 110055 repaired.
Further, plaintiff has sought damages of Rs.3,00,000/- against the defendant.
Reply/written statement was filed on behalf of defendant
submitting that defendant is not the owner of the property bearing No.733, Gali
Dorwali, 6 Tooti Chowk, Pahar Ganj, Swami Ram Tirath Nagar, Central Delhi –
110055 (hereinafter referred to as said property). The said property is a lease
hold property and same belongs to DUSIB (Delhi Urban Shelter Improvement
Board). It is further submitted that defendant has not been residing in the said
property for last nine years. That defendant had moved an application to
surrender the said property to DUSIB on 18.09.2023 before filing of the present
suit. That again, defendant had moved another application for surrendering the
said property dated 12.01.2025. That reply of confirmation of surrender has
already been received from DUSIB and hence, the said property has been duly
surrendered to DUSIB. Defendant had placed on record letter dated 20.01.2025
issued by DUSIB to defendant wherein DUSIB has made a request for
verification of authenticity and genuineness.
In view of this, let court notice be issued to concerered
officials of DUSIB with directions to appear and file status report of
property bearing No.733, Gali Dorwali, 6 Tooti Chowk, Pahar Ganj, Swami
Ram Tirath Nagar, Central Delhi – 110055 and whether the same has been
duly surrendered or not.
Further, plaintiff is directed to appear in person along with main
cousnel on the next date of hearing and apprise the court as to whether he
wants to proceed with the present case or not. Plaintiff is given one final
opportunity to pursue the present matter failing which same shall be dismissed
for non-prosecution.
Put up on 29.10.2025.
Divya Gupta
CJ-08 (Central)
10.09.2025/Delhi
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