Interim Order 2

Order Details: COPY OF ORDER
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4 Civ Suit 261/26
ALEEM and ANR. Vs. MOHD. IQBAL alias BALO and ORS.
15.07.2026
Present: Sh. Firoz Khan (through V/C) and Ms. Seema Mishra,
Ld. Counsel for the plaintiffs.
Sh. Virender Lohia, Ld. Counsel for defendant no. 2
through V/C alongwith defendant no. 2.
Sh. Sameer Kumar Ojha, Ld. Counsel for defendant
no. 3 alongwith defendant no. 3.
Sh. Vijay Tyagi, Ld. Counsel for defendant no.
4/MCD.
Sh. Ravi Ranjan, Ld. Counsel for defendant no.
5/DJB.
Ms. Pramiti Sharma, Ld. Proxy counsel for defendant
no. 6/BSES.
Summons issued to defendant no. 1 have been received
back with the report that defendant no. 1 is paralysed and resides with
his family at Ghazipur and visits the address provided only
intermittently. Further, as per the report, the children of defendant no.
1 were found at H.No. 1325, situated immediately opposite the
address provided in the summons.
Summons issued to defendant no. 1 through speed post
have been received back unserved with the report ‘no such person’.
Ld. Counsel for the plaintiffs has filed an affidavit of the
plaintiff deposing that defendant no. 1 permanently resides at the
address provided in the memo of parties.
In view of the report of the process server as well as the
affidavit filed today, this Court is satisfied that defendant no. 1 has
been duly served with the summons on 05.05.2026.
WS alongwith reply to application under Order 39 Rule
1 and 2 CPC has been filed on behalf of defendant no. 5. Taken on
record. Copy supplied.
Also, WS has been filed on behalf of defendant no. 6
/BSES. Copy supplied.
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It is observed that there is a delay of approximately 07
days in filing the WS. Ld. Counsel for defendant no. 6 orally prays for
condonation of delay. Ld. Counsel for plaintiffs submits that she has
no objection.
Heard.
Considering the short delay, the absence of any objection
from the plaintiff and in the interest of justice, the delay stands
condoned. The WS of defendant no. 6 is, accordingly, taken on record.
Ld. Counsel for defendant no. 2 submits that he came to
know about the pendency of the present proceedings through
whatsapp today itself and the copy of the plaint and annexed
documents has not been supplied.
Ld. Counsel for defendant no. 3 and defendant no.
4/MCD also submit that complete copy of the plaint and the annexed
documents has not been received.
In view of the above, the plaintiffs are directed to supply
complete legible copies of the plaint and documents to defendant no.
2, 3 and 4 within a week from today.
All the defendants except defendant no. 5 and 6 are
directed to file WS within stipulated time mentioned in CPC with
advance copy to the opposite party at least 15 days prior to the
NDOH. The plaintiffs are directed to file replications, if any, with
advance copy to the opposite party before the NDOH.
Be put up for completion of pleadings, admission-
denial/ framing of issues on 14.10.2026.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
15.07.2026
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