Order 3

Order Details: COPY OF ORDER
Pdf Text: Civ Suit337/23
RESIDENTS WELFARE ASSOCIATION MINI MIG FLATS
Vs.RESIDENTS WELFARE ASSOCIATION NEW MIG FLATS
04.07.2023
Pr. Sh. Swaran Singh, Ld. Counsel for the plaintiff.
Ld. Counsel for the defendant no.1.
Sh. O. P. Pahuja, Ld. Counsel for the defendant no. 2.
Ms. Madhu Chaudhary, Proxy counsel for MCD alongwith
Sh. Khushi Ram, Assistant Engineer, MCD.
Fresh Vakalatnama filed on behalf of defendant no. 1. Be
taken on record.
Ld. Counsel appearing for Mother Dairy /defendant no. 2
submits that defendant no. 2 is no more concerned with the
structure in question as they have already left the charge of the
same. He further submits that the structure has already been
demolished. It is his submission that he be dropped from the
array of parties as the suit of the plaintiff against D2 (Mother
Dairy) has become infructuous.
Status report has filed on behalf of D3/MCD wherein a
similar submission has been made that the booth has already
been demolished by Mother Dairy itself.
At this stage, Ld. Counsel for the plaintiff concedes to the
fact that the Mother Dairy booth has been demolished and
submits that he has no further grievance against defendant no.
2. He accordingly, seeks permission to drop the proceedings
against defendant no. 2 i.e. Mother Dairy. Heard. Separate
statement of Ld. Counsel for plaintiff is recorded to this effect.
PTO
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In view of the same, defendant no. 2 is hereby dropped
from the array of parties by resorting to the Provision under
Order I Rule 10 CPC. Amended memo of parties be filed on
record by NDOH.
At this stage, it is submitted by the Ld. Counsels for the
defendants no. 1 & 3 that they have not received the legible
copies of the plaint and annexures. Legible copies has been
supplied by Ld. Counsel for the plaintiff to the defendants.
W/S, if any, be filed within the period of limitation with
advance copy to opposite party.
Ld. Counsel for the plaintiff submits that the structure in
question has been raised by defendant no. 1 and not by DDA as
has been alleged in the status report filed by MCD. Sh. Khushi
Ram, Assistant Engineer, MCD has countered the same
submitting that the structure was raised by DDA and the
defendant no. 1 has merely renovated the same. He submits that
the MCD has now taken over the possession of the said
structure /room. He submits that he shall file a detailed report
regarding the same on NDOH.
At this stage, both parties want to explore possibilities of
settlement before the Mediation Centre.
Accordingly, the matter is referred to the Mediation Centre
for 11.07.2023 at 2.00pm.
To come up for further proceedings on 12.10.2023.
(Prigya Gupta)
ASCJcumJSCCcumGuardian Judge,
East, KKD Courts, Delhi/04.07.2023
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