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Final Order 4

CNR DLND03001839202512 Feb 2026
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Final Order 4 · 12 Feb 2026 · CNR DLND030018392025

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 24 CS SCJ 1023/25
AMIT KUMAR Vs. GOVIND
12.02.2026
Present: None.
It is already 12’Noon. However, none has appeared on behalf
of plaintiff.
Perusal of record shows that the present matter has been filed
seeking permanent injunction against defendants no.1 and 2 from raising
construction in the suit property without sanction plan and approval of
defendant no.3 and for restraining defendants no.1 and 2 from creating any
third-party interest in the suit property. Further, perusal of plaint shows that
it has been specifically averred that the suit property i.e. House no. B-703,
Buddh Vihar, Inderpuri, Delhi was constructed on a vacant plot allotted to
Charan Singh (grandfather of the plaintiff) and the said Charan Singh raised
construction on the said plot out of his own hard-earned money.
Therefore, as per pleadings made, the said property was the
separate property of Charan Singh and on his demise on 26.06.2001,
devolved upon his legal heirs, including the defendant no.1 (son of Charan
Singh). Plaintiff is admittedly the son of said defendant no.1 Govind.
Hence, prima facie during the lifetime of Govind, no interest in the said
property would devolve upon the plaintiff. Furthermore, plaintiff has made
reference to a relinquishment deed dated 25.05.2025 in para 6 of the plaint,
as per which, the remaining legal heirs, including Govind had executed the
relinquishment deed in favour of Hiralal s/o Charan Singh.
However, in the entire pleadings, no challenge to the said
relinquishment deed had been raised on behalf of the plaintiff herein.
Despite the said defects being brought to the notice of the
notice on 15.11.2025, no steps have been taken by the plaintiff to cure the
same till date. Opportunity was also given on 03.12.2025. Hence, further
adjournment for the said purpose is not made out.
Accordingly, plaint stands rejected under Order 7 Rule 11
(a) CPC.
File be consigned to record room.
Sh. Rupinder Singh Dhiman
ACJ/CCJ/ARC, NDD, PHC
New Delhi :12.02.2026
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