Order 2

Order Details: COPY OF ORDER
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9 Civ Suit 916/25
JAYASHREE M NAIR Vs. PAWAS PRASOON SHARMA
04.12.2025
Present: Sh. Puran Sharma, Ld. Counsel for the plaintiff.
Sh. Shiv Dutt Kaushik, Ld. Counsel for the
defendant no. 2/DDA.
Sh. Vijay Tyagi and Sh. Hemant Kumar, ld. counsel
for defendant no. 3.
PSI Pankaj Poghat on behalf of defendant no. 4.
Memo of appearance filed by ld. Counsel for
defendant no. 2/DDA.
Summons issued to defendant no. 1, on one of the
addresses, has been received back with the report that the wife of
defendant no. 1 was found at the premises who refused to accept
the summons on 02.12.2025. Further, summons issued via speed
post have been received back unserved with the report ‘out of
station without information’.
In view of the report of the process server, defendant
no. 1 is deemed to be duly served on 02.12.2025.
Defendants are directed to file WS within stipulated
time mentioned in CPC with advance copy to the opposite party at
least 15 days prior to the NDOH. The plaintiff is directed to file
replications, if any, with advance copy to the opposite party before
the NDOH.
At this stage, ld. Counsel for the plaintiff presses his
application under Order 39 Rule 1 and 2 CPC for restraining
defendant no. 1 from raising any further unauthorised construction
in the open area / courtyard in the plaintiff’s property and the
adjacent gali.
Arguments have been heard. Record has been perused.
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Ld. Counsel for defendant no. 2 and 3 submit that they
have received the file today itself and some time is needed to
inspect the suit and argue on the application.
It is alleged by the plaintiff that defendant no. 1 is
illegally capturing the gali and the open area of the ground floor flat
of the plaintiff by raising an unauthorised and illegal concrete
structure. It is further submitted that this illegal construction is
causing irreparable loss to the plaintiff as it affects her easementary
rights.
In view of the arguments addressed, pleadings and the
material on record including the photographs showing construction,
this court is of the opinion that the plaintiff has made out a prima
facie case for grant of ad-interim injunction. Further, if the alleged
illegal and unauthroised construction is not restrained at this stage,
it is likely to cause irreparable damage to the plaintiff.
Accordingly, defendant no. 1 is restrained from
carrying out any further construction over the ground floor of the
plaintiff’s property bearing No. 334A Ground Floor, Pocket-II,
Mayur Vihar, Phase-I, Delhi-91 and the adjacent gali till the
NDOH.
The plaintiff is directed to file an affidavit of service
in compliance of Order 39 Rule 3 CPC.
Be put up for arguments on interim application and
completion of pleadings on 24.02.2026.
Copy of this order be given dasti to ld. counsel for the
plaintiff, as prayed for.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
04.12.2025
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