Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS No. 2286/25
Kulwinder Singh Vs. Commissioner of MCD & Anr.
10.12.2025
Fresh suit received by way of assignment. It be checked and
registered.
Present : Sh. Roshan, Ld. counsel for the plaintiff.
Submissions heard.
The present suit for permanent and mandatory injunction
has been filed on behalf of plaintiff feeling aggrieved by the construction
of stair cases by the defendant no.2 on the back side of his property
bearing H. No. 674, Ground Floor, Street no. 19 (back side) and Street
No. 20 (Front side), Joshi Road, Karol Bagh, New Delhi -05. It is
mentioned in the plaint that staircases of the plaintiff are encroaching
about 2-3 ft. space of the gali, which is not much wide and due to which,
the street is getting blocked and creating difficulty in turning the vehicle
for parking it inside the gali.
Since in the site plan attached with the petition, the
property of the plaintiff has not been mentioned, therefore, counsel for
plaintiff was asked to clarify as to how much distance is there in between
the house of the plaintiff and the alleged staircases constructed by the
defendant no.2 in the suit property, whereupon, Ld. counsel submitted
that house of the plaintiff is situated around 40 to 50 metres away from
said staircases.
At the outset, the Ld. counsel for the plaintiff was asked to
advance clarifications on the maintainability of the present suit on
account of locus/ cause of action of the plaintiff to file this suit in view of
judgment of Hon’ble High Court of Delhi passed in Rajender Muthwani
& Anr. Vs. MCD & Ors, 2017 SCC online Del 11050.
Submissions of Ld. counsel heard.
Renotify for clarifications, if any/orders on the aspect of
maintainability on 18.12.2025.
(Gopal Krishan)
ASCJ-01 (Central)/Delhi
10.12.2025
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