Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: CS 523/25
SMT YASMEEN FATIMA Vs. SMT SANA AFROZ
06.10.2025
Present: Sh. Ashish Verma, Counsel for plaintiff.
None for defendant No. 3 despite service on
23.09.2025.
Defendants No. 1 & 2 not served. Plaintiff is
directed to file fresh address/correct address of defendants
alongwith PF.
Counsel for plaintiff has pressed for disposal of
interim application filed by plaintiff. He has submitted that
though interim application has been filed qua defendants in
general but that purpose of filing of the same shall be fructified
if defendant No. 3 is restrained from
selling/transferring/alienating or creating any third party
interest in the suit property. He has submitted that defendant
No. 3 has pasted one notice over suit property mentioning that
suit property has been mortgaged with it. He has submitted
that plaintiff has registered sale deed qua suit property in her
favour and in case, defendant No. 3 creates any third party
interest in suit property, plaintiff shall be prejudiced and will
have to suffer despite there being no fault on her part. He
submitted that plaintiff has not mortgaged or taken loan qua
suit property from defendant No. 3. He has requested for
disposal of application filed by plaintiff u/o 39 Rule 1 & 2
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CPC keeping in view submissions made before this Court
today. Heard.
In view of submissions made by counsel for
plaintiff, I am of the view that prima facie case is made out
and plaintiff will be prejudiced in case, interim relief sought is
not granted and will lead to multicity of litigation. In these
circumstances, application filed by plaintiff u/o 39 Rule 1 & 2
CPC is allowed in terms of submissions made by counsel for
plaintiff. Defendant No. 3 is restrained from
selling/transferring/alienating/creating any third party interest
over suit property till disposal of present suit.
Issue fresh summons of the suit to defendants No.
1 & 2 on filing of fresh/correct address of defendants
alongwith PF and on filing of appropriate PF/registered
AD/authorized courier for 24.11.2025.
(SONU AGNIHOTRI)
District Judge-04, East District,
Karkardooma Courts, Delhi
06.10.2025
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