Interim Order 3

Order Details: COPY OF ORDER
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23 Civ Suit 851/25
DEVI RAM Vs. JAGAT SINGH
04.05.2026
Present: Sh. Akhil Sharma and Sh. Chaman Kumar, Ld.
Counsel for the plaintiff alongwith plaintiff.
Sh. Kapil Singhal, Ld. Counsel for all defendant
except defendant no. 11/MCD.
Sh. Abhishek Sharma, Ld. Proxy counsel for
defendant no. 11/MCD.
Fresh vakalatnama has been filed on behalf of the
defendant no. 11/MCD. Same is taken on record.
Status report was filed on behalf of defendant no.
11/MCD on 07.02.2026. Taken on record. Copy be supplied.
Further, Ld. Proxy counsel for defendant no.
11/MCD seeks a weeks time to file WS alongwith necessary
condonation of delay application.
At this stage, ld. Counsel for the plaintiff presses his
application under Order 39 Rule 1 and 2 CPC, seeking an interim
injunction restraining the defendants from raising any
encroachment or construction and from disturbing the possession
of the plaintiff over the suit property i.e. property measuring 50 x
37 feet (205 sq. yards) under Khata no. 4/24 Village Chilla
Saroda, Delhi-110091, as shown in red colour in the site plan.
Per contra, Ld. Counsel for defendant no. 11 prays
for the application to be taken up for consideration only after the
WS of defendant no. 11 is brought on record.
Arguments heard. Record perused.
At this prima facie stage, this Court is of the
considered opinion that the nature of the dispute and the
allegations made necessitate preservation of the suit property.
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Thus, to avoid complications and to prevent any irreparable
harm, the plaintiff as well as the defendants are restrained from
raising any construction over the abovementioned suit property
till the NDOH.
It is clarified that this order is only interim in nature
and shall have no bearing on the merits of the case.
Be put up for completion of pleadings / arguments
on the interim application on 03.08.2026.
Copy of this order be given dasti to the ld. Counsel
for the plaintiff, as prayed for.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
04.05.2026
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