Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
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CS /2025
Narender Kumar Dahiya Vs. Vijay Kumar
19.11.2025
This is a fresh suit for recovery of possession and damages
received by way of assignment. It be checked and registered as per
rules.
Present: Sh. Rachit Gumber, Ld. Counsels for plaintiff.
Arguments heard. Record perused.
Summons for settlement of issue and notice of
application under Order XXXIX Rule 1 & 2 CPC be issued to
defendants no. 1 and 2 on filing of PF & RC by the plaintiff. Steps to
be taken within 01 week from today.
At this stage, Ld. Counsel for plaintiff requests for ex-
parte ad interim injunction thereby restraining defendant no. 1 from
further transferring the possession of the suit property.
As per the contention of the plaintiff, he is bona fide
purchaser of poperty i.e. Flat situated at Third Floor (rear side) of the
property bearing Municipal No. WZ-535, Village- Naraina, New
Delhi, measuring about 50 sq. yds. vide sale deed dated 08.02.2023.
The suit property was lying under lock and key but after some time,
he discovered that the same was illegally occupied by defendant no. 1
who claim that he has purchased the property from erstwhile owner
i.e. defendant no. 2.
The only apprehension raised by plaintiff is that
defendant no. 1 might further transfer the possession to some other
person. Though there is no specific fact averred in the plaint to
substantiate the said apprehension, even if it is taken that the
possession may be transferred, the same can also be restored to the
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plaintiff, in case the suit is decreed in favour of the plaintiff. Hence,
no irreparable loss will be caused to the plaintiff.
Hence, at this stage, I do not find any urgency in granting
ex-parte interim relief to the plaintiff without giving an opportunity of
hearing to the opposite parties.
Hence, the prayer to grant ex-parte ad interim injunction
is declined.
Be listed for consideration on 29.11.2025.
(DR.SUGANDHA AGGARWAL)
District Judge-04
PHC-New Delhi-19.11.2025
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