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CS - CIVIL SUIT FOR DJ ADJ

SHRI BALI ARYAVsMunicipal Corporation of Delhi MCD Through Commissioner AND ANR

CNR DLET03000861202576-JSCC/ASCJ/GJ
Karkardooma, Senior Civil Judge cum RC Court
delhi · Delhi (DL)
CASE DISPOSED
Contested--DISMISSED ON MERITS
Decision Date: 16th September 2025

TrustJury record updated 17 Oct 2026

Case Overview

Registration Number
2/2025
Registration Date
15 Jul 2025

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1SHRI BALI ARYA

    Respondent

    1. 1Municipal Corporation of Delhi MCD Through Commissioner AND ANR

    Acts & Sections

    1
    Permanent Injuction · Sec 000

    Case History / Proceedings

    Case History
    Date: 16-07-2025
Business: Adjourned
Next Purpose: Misc./ Appearance
Next Hearing Date: 24-07-2025

Date: 24-07-2025
Business: Adjourned
Next Purpose: Misc./ Appearance
Next Hearing Date: 12-08-2025

Date: 12-08-2025
Business: Adjourned
Next Purpose: Misc. Arguments
Next Hearing Date: 04-09-2025

Date: 04-09-2025
Business: Adjourned
Next Purpose: Misc. Arguments
Next Hearing Date: 15-09-2025

Date: 15-09-2025
Business: Put up for orders.
Next Purpose: Order
Next Hearing Date: 16-09-2025

Date: 16-09-2025
Business: Suit Dismissed
Nature Of Disposal: DISMISSED ON MERITS
Disposal Date: 16-09-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 869/2025
Filing Date: 14-07-2025
eFiling Number: ADL20240005703C202500006
eFiling Date: 14-07-2025
First Hearing Date: 16th July 2025
Decision Date: 16th September 2025
Court Number And Judge: 76-JSCC/ASCJ/GJ

    Orders

    12
    Final Order 7Full order available
    16 Sept 2025

    Order Details: COPY OF ORDER Pdf Text: Civ Suit 2/25 Bali Arya vs. MCD pg. no. 1/2 Civ Suit 2/25 Bali Arya Vs MCD 16.09.2025 ORDER 1. Vide this order, the preliminary issue / maintainability of the suit shall be adjudicated upon. 2. Arguments have been heard. Record has been perused. 3. The present suit has been filed seeking a decree of permanent injunction restraining the defendants from forcibly sealing or interfering with the peaceful possession and use of the…

    Read Full Order
    Final Order 6
    16 Sept 2025
    Order Details: COPY OF ORDER
Pdf Text: 25. Civ Suit 2/25
Bali Arya Vs MCD
16.09.2025
Present: Sh. Gagan Kumar Singhal, Ld. Counsel for the
plaintiff.
Sh. Vijay Tyagi, Ld. Counsel for the
defendant/MCD.
Vide separate order of even date, the preliminary
issue framed is decided against the plaintiff and the suit is held to
be not maintainable in view of Section 347 E r/w section 347 B
(m) of the DMC Act. Accordingly, the suit stands dismissed.
Interim orders, if any, stand vacated.
Decree sheet be prepared accordingly.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
16.09.2025
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    Interim Order 5Full order available
    15 Sept 2025

    Order Details: COPY OF ORDER Pdf Text: -1- 18 CS 2/25 SHRI BALI ARYA Vs. Municipal Corporation of Delhi MCD Through ARYACommissioner AND ANR 15.09.2025 Present: Sh. Gagan Kumar Singhal and Sh. Suresh Chaudhary, Ld. Counsels for the plaintiff. Sh. Vijay Tyagi, Ld. Counsel for the defendant/MCD. Fresh vakalatnama filed on behalf of the plaintiff. Same is taken on record. Arguments have been heard on the application under Section 151 CPC filed on behalf of the plaintiff. Record has been…

    Read Full Order
    Interim Order 4
    04 Sept 2025
    Order Details: COPY OF ORDER
Pdf Text: 21 CS 2/25
SHRI BALI ARYA Vs. Municipal Corporation of Delhi MCD
Through Commissioner AND ANR
04.09.2025
Present: Sh. Radhey Shyam, Ld. Counsel for the plaintiff.
Sh. Vijay Tyagi, Ld. Counsel for the
defendant/MCD.
Reply to status report filed by the defendant as well
as an application u/s 151 CPC have been filed on behalf of the
plaintiff. Taken on record. Copy supplied.
The defendant is directed to file reply, if any, to the
application with advance copy to the plaintiff at least a week
prior to the NDOH.
Be put up for arguments on the aforesaid application
/ maintainability of the case on 15.09.2025 at 2:00 pm.
Interim order shall be continued till NDOH.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
04.09.2025
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    Interim Order 3
    12 Aug 2025
    Order Details: COPY OF ORDER
Pdf Text: 12 CS 2/25
SHRI BALI ARYA Vs. Municipal Corporation of Delhi MCD
Through Commissioner AND ANR
12.08.2025
Present: Sh. Radheshyam, Ld. Counsel for the plaintiff.
Sh. Vijay Tyagi, Ld. Counsel for the defendant.
Status report has been filed on behalf of defendant.
Taken on record. Copy supplied.
Ld. Counsel for defendant has submitted that the
present suit is not maintainable and therefore, he does not wish to
file any WS.
Ld. Counsel for the plaintiff submits that he needs
some time to peruse the status report and argue on the
maintainability of the suit.
In view of the submission and in the interest of
justice, one opportunity is being granted to the plaintiff to argue
on the point of maintainability.
Be put up for arguments on maintainability on
04.09.2025.
Interim orders to be continued till NDOH.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
12.08.2025
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    Interim Order 2
    24 Jul 2025
    Order Details: COPY OF ORDER
Pdf Text: 9 CS 2/25
SHRI BALI ARYA Vs. Municipal Corporation of Delhi MCD
Through Commissioner AND ANR
24.07.2025
Present: Sh. Radhey Shyam, Ld. Counsel for the plaintiff.
Sh. Hemant Kumar, Ld. Proxy Counsel for the
defendant.
At request of proxy counsel for defendant, be
awaited till 11:30 am.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
24.07.2025
At 11:30 am
Present: Sh. Radhey Shyam, Ld. Counsel for the plaintiff.
Sh. Vijay Tyagi, Ld. Counsel for the defendant.
Memo of appearance has been filed on behalf of the
defendant. Taken on record.
Compliance affidavit under proviso to Order 39 Rule
3 CPC has been filed on behalf of the plaintiff. Taken on record.
Ld. Counsel for the defendant seeks a short
adjournment to argue on the application under Order 39 Rule 1
and 2 CPC and to file WS.
Be put up for filing of WS and arguments on
12.08.2025.
Interim orders to continue till NDOH.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
24.07.2025
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    Interim Order 1
    16 Jul 2025
    Order Details: COPY OF ORDER
Pdf Text: 9 CS 2/25
SHRI BALI ARYA Vs. Municipal Corporation of Delhi MCD
Through Commissioner AND ANR
16.07.2025
Fresh suit received by way of assignment, it be checked and
registered as per rules.
Present: Ms. Prerna, Ld. Counsel for the plaintiff.
A Suit for permanent injunction is filed with
applications u/O XXXIX Rule 1 & 2 read with section 151 CPC
and under Section 80(2) CPC.
Case file perused. Submissions heard.
Issue summons of the suit and notice of the
aforementioned applications to the defendants on filing of PF,
returnable for 24.07.2025.
Processes be served through all permissible modes
including whatsapp. Permission is granted to the plaintiff to
accompany the Process Server at the time of service of process.
If the defendants refuse to receive the summon or
the premises is found locked or the summons remain unserved
for any reason whatsoever, then the same be served by way of
affixation.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
16.07.2025
-- 1 of 1 --
    Order 5Full order available
    15 Sept 2025

    Order Details: COPY OF ORDER Pdf Text: -1- 18 CS 2/25 SHRI BALI ARYA Vs. Municipal Corporation of Delhi MCD Through ARYACommissioner AND ANR 15.09.2025 Present: Sh. Gagan Kumar Singhal and Sh. Suresh Chaudhary, Ld. Counsels for the plaintiff. Sh. Vijay Tyagi, Ld. Counsel for the defendant/MCD. Fresh vakalatnama filed on behalf of the plaintiff. Same is taken on record. Arguments have been heard on the application under Section 151 CPC filed on behalf of the plaintiff. Record has been…

    Read Full Order
    Order 4
    04 Sept 2025
    Order Details: COPY OF ORDER
Pdf Text: 21 CS 2/25
SHRI BALI ARYA Vs. Municipal Corporation of Delhi MCD
Through Commissioner AND ANR
04.09.2025
Present: Sh. Radhey Shyam, Ld. Counsel for the plaintiff.
Sh. Vijay Tyagi, Ld. Counsel for the
defendant/MCD.
Reply to status report filed by the defendant as well
as an application u/s 151 CPC have been filed on behalf of the
plaintiff. Taken on record. Copy supplied.
The defendant is directed to file reply, if any, to the
application with advance copy to the plaintiff at least a week
prior to the NDOH.
Be put up for arguments on the aforesaid application
/ maintainability of the case on 15.09.2025 at 2:00 pm.
Interim order shall be continued till NDOH.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
04.09.2025
-- 1 of 1 --
    Order 3
    12 Aug 2025
    Order Details: COPY OF ORDER
Pdf Text: 12 CS 2/25
SHRI BALI ARYA Vs. Municipal Corporation of Delhi MCD
Through Commissioner AND ANR
12.08.2025
Present: Sh. Radheshyam, Ld. Counsel for the plaintiff.
Sh. Vijay Tyagi, Ld. Counsel for the defendant.
Status report has been filed on behalf of defendant.
Taken on record. Copy supplied.
Ld. Counsel for defendant has submitted that the
present suit is not maintainable and therefore, he does not wish to
file any WS.
Ld. Counsel for the plaintiff submits that he needs
some time to peruse the status report and argue on the
maintainability of the suit.
In view of the submission and in the interest of
justice, one opportunity is being granted to the plaintiff to argue
on the point of maintainability.
Be put up for arguments on maintainability on
04.09.2025.
Interim orders to be continued till NDOH.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
12.08.2025
-- 1 of 1 --
    Order 2
    24 Jul 2025
    Order Details: COPY OF ORDER
Pdf Text: 9 CS 2/25
SHRI BALI ARYA Vs. Municipal Corporation of Delhi MCD
Through Commissioner AND ANR
24.07.2025
Present: Sh. Radhey Shyam, Ld. Counsel for the plaintiff.
Sh. Hemant Kumar, Ld. Proxy Counsel for the
defendant.
At request of proxy counsel for defendant, be
awaited till 11:30 am.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
24.07.2025
At 11:30 am
Present: Sh. Radhey Shyam, Ld. Counsel for the plaintiff.
Sh. Vijay Tyagi, Ld. Counsel for the defendant.
Memo of appearance has been filed on behalf of the
defendant. Taken on record.
Compliance affidavit under proviso to Order 39 Rule
3 CPC has been filed on behalf of the plaintiff. Taken on record.
Ld. Counsel for the defendant seeks a short
adjournment to argue on the application under Order 39 Rule 1
and 2 CPC and to file WS.
Be put up for filing of WS and arguments on
12.08.2025.
Interim orders to continue till NDOH.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
24.07.2025
-- 1 of 1 --
    Order 1
    16 Jul 2025
    Order Details: COPY OF ORDER
Pdf Text: 9 CS 2/25
SHRI BALI ARYA Vs. Municipal Corporation of Delhi MCD
Through Commissioner AND ANR
16.07.2025
Fresh suit received by way of assignment, it be checked and
registered as per rules.
Present: Ms. Prerna, Ld. Counsel for the plaintiff.
A Suit for permanent injunction is filed with
applications u/O XXXIX Rule 1 & 2 read with section 151 CPC
and under Section 80(2) CPC.
Case file perused. Submissions heard.
Issue summons of the suit and notice of the
aforementioned applications to the defendants on filing of PF,
returnable for 24.07.2025.
Processes be served through all permissible modes
including whatsapp. Permission is granted to the plaintiff to
accompany the Process Server at the time of service of process.
If the defendants refuse to receive the summon or
the premises is found locked or the summons remain unserved
for any reason whatsoever, then the same be served by way of
affixation.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
16.07.2025
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