Full Order Text
Order 9 · 11 Aug 2026 · CNR DLND030000022025
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: 4 CS SCJ/33/2025 DLND030000022025 KAMLA Vs. KAILASH 11.08.2026 Present: Ms. Suveni Bhagat, LAC for plaintiff. Ms. Chetna Rai, LAC for defendant no. 1 and 2 through VC. Defendant no. 1/Kailash and Defendant no. 2/Geeta in person. Defendant no. 3 and 4 already deleted vide order dt. 29.03.2025. LAC for defendant no. 1 and 2 submits that defendants are willing to give statements in terms of order dt. 02.06.2026. Both the defendants also affirm the same. Separate statement recorded. In view of the statement of the defendants, application under Order 39 Rule 1 and 2 of CPC stands allowed and defendants are restrained from creating any third party interest or parting with the possession of the fourth floor portion of the suit property as described by them in their undertaking during the pendency of the suit. At this stage, defendant no. 1 and 2 submit that there is leakage issue on the fourth floor i.e. the roof of the fourth floor which has been demolished by the MCD and further, the electricity connection has also been disconnected. They seek permission to repair the said portion. Hence, query is made to the LAC for defendants if the demolition has been carried out by the MCD, then on what grounds, the demolition was carried out and how permission before this Court is maintainable. LAC for defendants seeks time to take instructions. Accordingly, list for report on 01.10.2026. Further, both the parties are directed to file on affidavit the admission/ denial of documents at least 15 days prior to next date of hearing. (Rupinder Singh Dhiman) ACJ/CCJ/ARC, NDD, PHC New Delhi :11.08.2026 -- 1 of 1 --