Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: Civ Suit 337/23
RESIDENTS WELFARE ASSOCIATION MINI MIG FLATS
Vs.
RESIDENTS WELFARE ASSOCIATION NEW MIG FLATS
12/10/2023
Pr. Ld. Counsel for the plaintiff.
Ld. Counsel for the defendant no. 1.
Sh. Abhishek Kumar, Ld. Counsel for the defendant/MCD.
Amended memo of parties has been filed. Same is taken on
record.
WS on behalf of MCD has been filed on 19/09/2023. Copy
has already been supplied to the plaintiff.
Replication, if any, be filed before NDOH with advance
copy to the opposite side.
WS on behalf of the defendant no. 1 alongwith an
application u/o. VII Rule 11 CPC filed on behalf of the D1.
Copy supplied to Ld. Counsel for the plaintiff, who seeks some
time to file the replication/ reply to the same.
Ld. Counsel for MCD submits that the suit of the plaintiff
has become infructuous as the unauthorized construction has
already been demolished. On the last date of hearing, Ld.
Counsel for the plaintiff had conceded to the fact that the
unauthorized structure was demolished by MCD.
Clarifications have been sought from the Ld. Counsel for
the plaintiff who has admitted that no further construction is
being carried out by defendant no. 1. He submits that the
structure that exists is also an unauthorized structure.
PTO
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2
The same has been refuted by the Ld. Counsel for the
MCD who submits that the structure which exists now is not an
unauthorized structure. He submits that the property in question
belongs to DDA and the structure was raised by DDA which has
now been taken over by MCD.
Status report in terms of previous order has not been filed
today. Ld. Counsel for MCD seeks some time to file the status
report as well as relevant documents on the NDOH.
Considering the submissions made by the Ld. Counsel for
MCD, plaintiff to clarify as to how the suit is maintainable.
Now to come up for filing status report/arguments on
maintainability on 24.01.2024.
(Prigya Gupta)
ASCJcumJSCCcumGuardian Judge,
East, KKD Courts, Delhi/12/10/2023
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