Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: -1-
20 Civ Suit 329/25
MUNISH KHUNGER AND ORS. Vs. RAMESH AGARWAL
AND ANR.
15.11.2025
Present: Sh. Brijesh Kumar Sharma, Ld. Counsel for the
plaintiff.
Sh. Chirag Singhal, Ld. Counsel for defendant no. 1
through V/C.
Sh. Abhishek Sharma, ld. Counsel for defendant no.
2/MCD.
WS on behalf of defendant no. 1 has been filed
previously. Copy supplied.
It is observed that there is an approximate delay of
one month in filing of the WS. Ld. Counsel for defendant no. 1
submits that the delay was not intentional or mala fide and
therefore, may be condoned on an oral application. Considering
the facts and circumstances and in the interest of justice, the
delay in filing of the WS is condoned and the WS is hereby taken
on record. However, a cost of Rs.500/- is imposed upon
defendant no. 1 to be paid to the plaintiff on the NDOH for the
delay caused.
No WS has been filed on behalf of MCD/ defendant
no. 2 within the prescribed period. Accordingly, the defence of
defendant no. 2 /MCD is struck off.
Also, an application under Order 7 Rule 11 CPC has
been filed on behalf of defendant no. 1. Taken on record. Copy
supplied.
Ld. Counsel for the plaintiff submits that he does not
wish to file any reply to the application and shall argue on it
straight away.
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Arguments have been heard. Record has been
perused.
Ld. Counsel for the defendant has argued that the
plaintiffs have no roof rights in the suit property and therefore,
no cause of action arises in their favour. However, the plaintiffs
have specifically pleaded that the suit property is old and the
alleged illegal construction over the fourth floor of the suit
property is likely to cause damage to its structure and
consequently, harm to the plaintiffs. Therefore, the plaintiffs have
clearly disclosed a cause of action in their favour. At this stage,
while deciding an application under Order 7 Rule 11 CPC, only
the averments made in the plaint can be looked into. The merits
of those averments can only be decided after leading of evidence
by the parties. Accordingly, the application filed under Order 7
Rule 11 CPC is found to be without merit and stands dismissed.
Ld. Counsel for defendant no. 1 submits that some
time be granted for filing of replies to the applications u/s 151
CPC and under Order 1 Rule 10 CPC.
Heard. Allowed.
Be put up for arguments on the said applications on
21.02.2026.
Interim order be continued till the NDOH.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
15.11.2025
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