Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 12 Civ Suit 754/25
SMT SARITA Vs. 1. MANOJ KUMAR
2. Sharwan Kumar
3. Priyanka
4. Shashi Kala @ Sonu
31.10.2025
Present: Sh. H M Gaurachama, Ld counsel for the plaintiff with plaintiff.
Proposed defendant no. 4 in person.
Heard. Record perused.
Issue summons of the suit for settlement of issues and notice of the
application under Order 39 Rule 1 and 2 CPC to the defendant(s) on filing of
PF/RC for the next date.
Defendant (s) shall file its WS within time stipulated by law.
At this stage, Ld counsel for the plaintiff submits that ex-parte ad-
interim injunction be granted in favour of the plaintiff against the defendant no. 1
to 3 for not dispossessing the plaintiff from the suit property i.e House no. 9/244,
Ist floor & 3rd floor, Khichripur, Patparganj, East Delhi-110091.
It is the case of the plaintiff that plaintiff is the lawfully wedded wife
of defendant no.1. Defendant no.2 and 3 are the brother in law and sister in law
(jeth and Jethani) of the plaintiff. Defendant no. 4 is the sister in law (Nanand) of
the plaintiff. The suit property is matrimonial home of the plaintiff. Defendant
no.1 under the influence of defendant no.2 and 3 is trying to dispossess the
plaintiff from the suit property/matrimonial home. The suit property is owned by
defendant no.4 by virtue of irrevocable GPA executed by father of defendant no.4
in favour of defendant no.4. Defendant no. 4 has also stated her NOC in favour of
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the plaintiff.
The plaintiff in support of the case has filed an Aadhar Card which
reflects the address of the suit property. As per the submissions of the plaintiff,
plaintiff has a child of one year.
The plaintiff has established the prima facie case. Also, if ad-interim
injunction is not granted it will cause irreparable loss to the plaintiff.
Accordingly, the defendant no. 1 to 3 are hereby directed not to
dispossess the plaintiff from the suit property i.e House no. 9/244, Ist floor & 3rd
floor, Khichripur, Patparganj, East Delhi-110091 as shown in the site plan
annexed with the plaint till the next date of hearing or till further orders without
following the due procedure of law. The plaintiff is directed to ensure the
compliance of Order 39 Proviso to Rule 3 CPC
Put up on 25.02.2026.
Copy of this order be given dasti to Ld counsel for the plaintiff.
(VINIK JAIN)
ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/31.10.2025
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