Interim Order 15

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 22 CS SCJ 2447/24
SANJEEV KUMAR Vs. GEETA AND ORS
18.09.2026
Present: Mr. Deepak Kohli, Ld. Counsel for plaintiff with plaintiff.
Mr. Devender Kumar, Ld. Counsel for defendant no.1 to 3.
Mr. Pankaj Chawla, Ld. Counsel for defendant no.8 with defendant no.8.
None for defendant no. 4 to 7.
Arguments heard on application u/o 8 rule 1 C.P.C preferred by defendant
no.8 Mr. Surjaram. It is stated that the delay is of merely 8 days and same is attributed to
the advanced age and medical ailments of the defendant who was indisposed,
accordingly, prays for allowing the said application for condoning the delay.
No objected to by Ld. Counsel for plaintiff.
Heard. Record perused.
WS has been filed on 13.01.2026 and the defendant no. 8 was impleaded
vide order dt. 05.12.2025. Considering the no objection of the opposite party, reasons
stated in the application and that the delay is not gross so as to cause any prejudice to the
opposite party and also taking into account the stage of the proceedings, delay in filing
of WS stands condoned. Application u/o 8 rule 1 C.P.C is disposed of and WS is taken
on record.
Pertinent to note that vide order dt. 05.12.2025, defendant no. 4 to 8 have
been impleaded but defendant no. 4 to 7 are yet to file WS.
Despite lapse of statutory period, the defendant no. 4 to 7 have not filed the
written statement, hence, right to file WS stands closed. Since no one is responding on
behalf of the defendant no. 4 to 7 despite repeated calls, the said defendants are
proceeded ex-parte.
At this stage, Ld. Counsel for defendant no.8 submits that the present suit is
not maintainable since the owners have already filed the suit for possession and
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therefore, a suit of injunction by the tenant cannot be maintained in the eyes of law. He
further submits that he wishes to argue on the said aspect on the NDOH.
Ld. Counsel for plaintiff requests for some time to file replication & to
argue on the aspect of maintainability.
Put up for filing of replication, if any qua WS of defendant no.8/framing of
additional issues/consideration on maintainability on 27.11.2026.
(Himanshu Sehloth)
Civil Judge-02 (Central), Delhi
18.09.2026
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