Interim Order 9

Order Details: COPY OF ORDER
Pdf Text: CS 196/21 NEMI KUMAR GOYAL AND ANR. Vs. NEELAM TANWAR AND
ANR
CS 197/21 PRIYANKA TANWAR AND ANR Vs. NEELAM TANWAR AND
ANR.
CS 198/21 PRIYANKA TANWAR AND ANR. Vs. NEELAM TANWAR
CS 199/21 NEMI KUMAR GOYAL AND ANR. Vs. NEELAM TANWAR AND
ORS.
26.09.2023
Present : Sh. Sachin Mittal, counsel for the plaintiffs through VC
None for the defendants.
Be awaited till 12:00 Noon.
(Sudhanshu Kaushik)
ADJ-02 & Waqf Tribunal
NDD/PHC/ND/26.09.2023
At 12:00 Noon
Present : Sh. Sachin Mittal, counsel for the plaintiffs through VC
None for the defendants.
Be awaited till 02:00 PM.
(Sudhanshu Kaushik)
ADJ-02 & Waqf Tribunal
NDD/PHC/ND/26.09.2023
At 02:00 PM
Present : Sh. Sachin Mittal, counsel for the plaintiffs through VC.
Sh. Brahmanand Gupta, counsel for the defendants through VC.
Counsel for the plaintiffs has submitted that an application filed on
behalf of plaintiff under Section 151 of CPC is pending adjudication.
Record perused.
By means of the application under Section 151 of CPC, plaintiffs have
sought directions that they may be granted Police Aid to assist the Draftsman in
preparing the Site Plan of the property. Record shows that similar application seeking
PTO
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the appointment of a Local Commissioner for the spot inspection and preparation of
the Site Plan of the property was allowed in terms of order dated 10.08.2023. The
Local Commissioner was authorized to visit the property along with a Draftsman for
preparing the Site Plan. It was further directed that the Local Commissioner would be
at liberty to seek Police Aid, in case, the need so arises. Plaintiffs have not acted upon
the said orders even though, the orders were passed on their own application under
Order XXVI Rule 9 of CPC. The prayer that one of the parties may be granted Police
Aid during the course of the trial for preparing the Site Plan is misconceived.
Accordingly, the application under Section 151 of CPC is dismissed.
Put up on 24.01.2024 for completion of pleadings and for arguments on
application under Order I Rule 10 of CPC as well as on the application under Section
340 of Cr.PC.
(Sudhanshu Kaushik)
ADJ-02 & Waqf Tribunal
NDD/PHC/ND/26.09.2023
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