Order 15

Order Details: COPY OF ORDER
Pdf Text: 20 CS 421/24
Usha Rani Vs. Komal And Others
DLET010043062024
17.09.2026
Pr. Sh. Rajan Sharma, Ld. Counsel for the plaintiff along with
plaintiff.
Sh. Parv Passi, Ld. Counsel for the defendant No.1 along
with defendant No.1.
Sh. Neeraj Kumar, Ld. Counsel for the defendant No.3.
None for remaining defendants.
Written statement along with application under Order VIII Rule
1 CPC and reply to the application under Order XXXIX Rules 1 & 2
CPC filed on behalf of defendant No.1. Copy supplied.
Ld. Counsel for plaintiff states at bar that he has no objection, if
the application under Order VIII Rule 1 CPC is allowed subject to
heavy cost.
Heard. In view of the submission made, the application in hand
is allowed subject to cost of Rs.1,000/ to be paid to the plaintiff.
Written statement of defendant No.1 is taken on record, accordingly.
Time sought on behalf of the defendant No.3 to file written
statement. Same be filed in accordance with provisions of law with
advance copy to opposite side. Written statement on behalf of
defendant No.4 and 5 be also filed in accordance with provisions of
law with advance copy to opposite side. Reply be filed as per law.
An application under Order XXXIX Rule 1 & 2 CPC is
pending adjudication, wherein the plaintiff has sought twin reliefs,
first, an adinterim restraint order against sale, alienation or creation of
third party interest in the suit property and second, temporary
injunction against interference or causing any hindrance in the suit
property, i.e., Third Floor with roof right forming part of Property
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No.23, Gali No.2, Sunder Park, Shastri Nagar, Delhi31, specifically
shown in red colour in site plan.
Ld. Counsel for plaintiff states at bar that the plaintiff is not
pressing the second relief of temporary injunction against interference
or causing any hindrance and is only pressing for the first relief of ad
interim injunction against sale, alienation or creation of third party
interest in the suit property.
Ld Counsels for defendant No.1 and 3 state at bar that the
defendants No.1 and 3 will not create any third party interest in the
suit property till the final disposal of the present suit.
In view of the submission made, defendants No.1 and 3 are
hereby, restrained from selling, alienating or creating any third party
interest in the suit property, i.e., Third Floor with roof right forming
part of Property No.23, Gali No.2, Sunder Park, Shastri Nagar, Delhi
31, specifically shown in red colour in site plan till disposal of the
present suit. The application under order XXXIX Rule 1 & 2 stands
disposed off.
Nothing stated herein above shall tantamount to an expression
of opinion on merits of the present case.
Renotify the matter for completion of pleadings/ framing of
issues on 13.10.2026.
(SHUCHI LALER)
District Judge02 (East),
Karkardooma Courts/17.09.2026
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