Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 2140/24
MIRZA ARIF BAIG Vs. MCD & Ors.
CNR No.DLCT030083762024
17.04.2025
Present : Sh. Habib Ahmed, Ld. Counsel for the plaintiff.
Ms. Bhavya Chauhan, Ld. Counsel for defendant
No.1/MCD.
Sh. Jai Narayan, Ld. Counsel for defendant No.2
and 3.
Vakalatnama filed on behalf of defendant
no.1/MCD. Same is taken on record.
An application u/s 151 CPC filed on behalf of
plaintiff for early hearing is already on record. However, the
same is disposed of as infructuous.
WS alongwith reply to application u/o 39 Rule 1 &
2 CPC and an application u/o 8 Rule 1 CPC read with Section
151 CPC filed on behalf of defendants no.2 and 3.
Ld. Counsel for defendant No.2 and 3 requests for
condonation of delay of 08 days in filing of WS.
Ld. Counsel for the plaintiff has no objection if the
delay is condoned and WS is taken on record.
Heard. Record perused.
In view of the submissions and reasons mentioned in
the application, application u/o 8 Rule 1 CPC is allowed and
disposed of. Delay is condoned and WS of defendants no.2 and 3
is taken on record. Copy supplied.
Replication, if any, be filed on or before the next
date of hearing with advance copy to the opposite side atleast one
week prior to the next date of hearing.
Contd….2/-
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Ld. Counsel for the plaintiff requests for ad-interim
injunction till the next date of hearing as construction in the suit
property is still going on, which is effecting the rights of the
plaintiff.
Heard. Perused.
In view of the submissions of Ld. Counsel for the
plaintiff, defendants no.2 and 3 are restrained from carrying out
any further construction in the suit property till the next date of
hearing.
Put up for arguments on application u/o 39 Rule 1 &
2 CPC, filing of replication, completion of pleadings and framing
of issues on 23.05.2025.
(Rinku Jain)
ASCJ-01 (Central)/Delhi
17.04.2025
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