Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
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Ex. No. 02/2024
Ram Prakash Ojha vs. Urmila Devi
10.05.2024
File taken up on an application of DH u/s 151 CPC.
Present: Sh. Kailash Sharma, Ld. Counsel for the DH.
The present application was filed on 03.05.2024
seeking police assistance for the purpose of breaking open of
locks of suit property and for arranging manpower / labours for
removal of illegal construction. Same is taken on record today.
Application perused. Submissions heard.
Perusal of court record shows that warrants issued
against the JD was received back unserved with report “door
locked” on the last date of hearing.
In light of submissions made, present application is
allowed and disposed of.
Considering the facts and circumstances, let fresh
Warrant be issued against the JD to remove the wall at CD shown
in the site plan Ex. PW1/D1 between the plots T-208 and T-209,
Gali no. 1, Gautam Puri, Delhi, dividing them into two plots of
equal area of 175 Sq. Yds each which has been constructed by
the JD and issue warrant to permit the DH to erect/construct a
wall at point AB in the site plan Ex.PW1/D1 so that the area of
his plot bearing no. T-209, Gali No. 1, Gautam Puri, Delhi, is
completed to 175 Sq. Yds. as per judgment and decree dated
05.05.2011 in CS No. 753/07 titled “Kalawati & Anr. vs. Urmila
Devi & Ors.” passed by the Court of Sh. Saurabh Kulshreshtha,
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the then CCJ/ARC (East), Karkardooma Court, Delhi.
Further, SHO concerned is directed to provide all
due assistance to the Bailiff and the DH for breaking open of
locks on the suit property as well as for removing construction of
wall upon the suit property and to take all necessary steps for the
purpose of due execution of the abovesaid warrants.
DH shall appear before the Learned ACJ, North-East
for appointment of bailiff on 14.05.2024 at 2:00 PM and before
this court on date already fixed i.e. 07.06.2024. This order sheet
be uploaded on the website.
Copy of this order sheet be annexed with said
warrants.
(Shruti Chaudhary)
JSCC/ASCJ/G. Judge(N/E)
10.05.2024
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