Interim Order 11

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 22
RC ARC 21/24
Bandana Kumari Vs. M/s Usha Wool Shop Through Its Partner Ashok Jain
21.01.2026
Present : Ld. Counsel for petitioner.
Ld. Counsel for respondent.
Matter is listed for arguments on the application under Order VII rule 11
CPC filed by the respondent on the ground that petitioner has not obtained any
permission under Section 19 of the Slum Areas Improvement and Clearance Act, 1956.
Ld. Counsel for respondent has argued that the order/permission dated
05.05.2017 obtained by M/s. Raghunath Builders Pvt. Ltd. (predecessor in interest of the
petitioner) against the respondent from the Ld. Competent Authority, DUSIB, cannot be
relied upon by the petitioner as the petitioner has herself never obtained any permission
from the Ld. Competent Authority, DUSIB. He has argued that the literal interpretation
of the Section 19 of the Act would show that every person who institutes an eviction
petition / suit would be required to obtain a permission from the Ld. Competent
Authority prior to its institution and any permission/order obtained by predecessor in
interest cannot be relied upon by the successor.
On the other hand, Ld. Counsel for petitioner has opposed such submission
and has argued that the permission/order dated 05.05.2017 has already been filed by the
petitioner and the same can be duly considered as due permission for the purposes of the
present petition. He has further argued that there is no explicit bar in the provision for
institution by a subsequent purchaser and hence, the petition is maintainable.
At this stage, Ld. Counsel for respondent/applicant has sought adjournment
to file citation in support of his arguments.
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Be adjourned for arguments on such aspect on 16.02.2026.
(Bharat Aggarwal)
ACJ-cum-ARC, Central
District, Tis Hazari Courts
21.01.2026
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