Order 7

Order Details: COPY OF ORDER
Pdf Text: CS no. 8/25
Kafeel Ansari vs. Shakeel Ahmed
01.11.2025
Present: Ms. Nidhi Sharma, Ld. LAC for plaintiff through VC with
plaintiff in person.
None for defendants.
1. File taken up on plaintiff’s application.
2. Matter is listed for plaintiff’s evidence on 10.12.2025. In the interim,
plaintiff has moved the present application u/O XXXIX Rule 1 & 2 CPC
praying interim relief restraining defendants from selling, disposing off,
assigning or transferring property bearing no.C-1/170, New Ansari
Manzil, Nehru Vihar, Dayalpur Road, North East, Delhi-94.
3. In my humble opinion, no such relief can be granted to the plaintiff and
the application is liable to dismissed
in limine. As per record, the aforesaid
property stands in the name of D-1 and this fact is not disputed by plaintiff
during arguments. It is plaintiff’s contention that he had purchased and
built the said property from his own funds. But, fact of the matter remains
that plaintiff is not the recorded owner of the said property and it stands in
the name of D-1.
4. Considering the above, no injunction can be granted against the owner of
the property only because plaintiff claims to have supplied funds for
purchase/construction of the above property.
5. Considering the above, the application is misconceived. It is dismissed.
List for PE on 10.12.2025.
Dasti.
AASHISH GUPTA
DJ-01/NE/KKD/DELHI
01.11.2025
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