Interim Order 2

Order Details: COPY OF ORDER
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5 Civ Suit 31/26
SUJATHA SHIROLKAR Vs. SATISH KUMAR GARG
11.04.2026
File taken up today as 03.03.2026 was declared as a holiday vide
gazette No. 64/G-4/Genl.-I/DHC notification of Hon’ble High
Court of Delhi dated 27.02.2026.
Present: Sh. Murari Tiwari, Ld. Counsel for the plaintiff
through V/C.
Sh. Nirmal Tiwari, Ld. Counsel for defendant no. 1
and 2.
Sh. Abhishek Sharma, ld. Counsel for defendant no.
3 and 5 / MCD.
Sh. Utkarsh Sharma, Ld. Counsel for defendant no.
4/DDA through V/C.
WS alongwith reply to application under Order 39
Rule 1 and 2 CPC has been filed on behalf of defendant no.1 and
2. Taken on record. Copy supplied.
Also, WS has been filed on behalf of defendant no. 3
and 5 / MCD. Taken on record. Copy supplied.
Furthermore, WS alongwith an application under
Order 1 Rule 10 CPC has been filed on behalf of defendant no.
4/DDA. Taken on record. Copy be supplied.
The plaintiff is directed to file replications as well as
reply, if any, to the application under Order 1 Rule 10 CPC with
advance copy to the opposing parties at least a week prior to the
NDOH.
At this stage, ld. Counsel for the plaintiff presses his
application under Order 39 Rule 1 and 2 CPC. However, he
submits that he only presses the relief sought for restraining
defendant no. 1 and 2 from encroaching upon and illegally
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appropriating the common road / street and the MCD Park
adjacent to property bearing No. 171B, Pocket-IV, Mayur Vihar,
Phase-I, New Delhi-110091.
Defendant no. 1 submits that he has not carried out
any construction whatsoever at the said MCD Park / common
road at any point of time. He further submits that he has no
intention of doing so in the future either.
Upon perusal of the WS filed on behalf of defendant
no. 3 to 5 / MCD, it is seen that it is silent upon the alleged
encroachment with respect to the MCD Park and the common
road / street. Accordingly, MCD is directed to file status report
with respect to the same on the NDOH.
Be put up for arguments on the interim application /
further proceedings on 06.06.2026.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
11.04.2026
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