Full Order Text
Order 9 · 26 Sept 2023 · CNR DLND010032112021
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 -- 1 of 2 -- -2- 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 -- 2 of 2 --