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Order 3

CNR DLND03001259202611 Aug 2026
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Order 3 · 11 Aug 2026 · CNR DLND030012592026

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 692-2026
Sangita Dixit vs. Shiva Nand Dixit
11.08.2026
File taken up today on an application dated 17.07.2026 filed
by Plaintiff.
Present: Mr. Rajesh Sehrawat, Learned Counsel for the
Plaintiff.
1. Notice of the application in the early hearing is
received back served on the Defendant on 04.08.2026. However,
none appears for the Defendant. Accordingly, for the reasons
mentioned therein, the application for early hearing is allowed
and the suit is taken up today.
2. It is pertinent to mention that the summons in the
suit was issued on 07.07.2026 and on 14.07.2026, when the case
was next listed, the summons remained undelivered. Since the
Plaintiff counsel could not be heard on VC that day, case was
adjourned to November. Then this application for early hearing
was moved. Learned Counsel for the Plaintiff presses for ex-parte
ad-interim injunction.
3. As per the plaint, Plaintiff is the wife of the
Defendant and is the absolute owner of the suit property bearing
no. 3367, Third Floor, Sector-A, Pocket B, Vasant Kunj, New
Delhi-110070 by way of registered conveyance deed by DDA at
page no. 14 of the plaint.
4. The Defendant and his brother, owing to marital
disputes, assaulted the Plaintiff and her brother for which an FIR
stands registered in 2005 and since than, there have been several
Contd...
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disputes between the parties. The Defendant is stated to have
entered into a second marriage and he and his new wife keep
committing nuisance at the suit property though they do not live
there.
5. Plaintiff seeks to restrain the Defendant from
visiting the suit property and harrasing her.
6. Since the Plaintiff has shown a registered
conveyance deed for suit property of which she is the absolute
owner and since the Defendant resides elsewhere, Plaintiff has
met the triple test for grant of injunction. Defendant has not
bothered to appear and contest despite receiving the notice a
week ago.
7. In view of the allegations leading to police cases and
continued acts as averred, the application of the Plaintiff for
ex-parte ad-interim injunction is allowed and the Defendant
is restrained from visit the suit property till the disposal of
the suit.
8. Plaintiff is directed to comply with Order 39 Rule 3
CPC within 3 days.
9. List the main suit on 29.08.2026.
10. Next date already given i.e. 16.11.2026 stands
canceled.
(VAIBHAV PRATAP SINGH)
Civil Judge, Patiala House Courts
New Delhi District, Delhi
11.08.2026
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