Order 6

Order Details: COPY OF ORDER
Pdf Text: -1-
10 Civ Suit 107/24
Mohammad Danish Vs. Shri Munawwar Ali
20.05.2025
Present: Sh. Firoz Ahmed, Ld. Counsel for plaintiff through
V/C alongwith plaintiff no. 1 in person.
Ms. Baby Naaz, Proxy Counsel for defendant no. 1
to 3.
None for defendant no. 4.
Ld. counsel for the plaintiff has joined through V/C.
However, his video is not switched on and his voice is also not
audible.
Therefore, at the request of plaintiff, be awaited.
(Dr. Saema Jain)
JSCC/ASCJ/G. Judge(N/E)
20.05.2025
At 11:36 am
Present: Sh. Firoz Ahmed, Ld. Counsel for plaintiff through
V/C alongwith plaintiff no. 1 in person.
Ms. Baby Naaz, Proxy Counsel for defendant no. 1
to 3.
None for defendant no. 4.
No replication has been filed on behalf of the plaintiff
despite the fact that on the LDOH, one last and final opportunity was
granted to him. Accordingly, his right to file the replication is closed.
Pleadings are complete.
It is submitted on behalf of the parties that there is no
document for admission and denial.
On the basis of pleadings of the parties, following issues
are framed for adjudication:-
Issue No.1:Whether the plaintiff is entitled to a decree of
permanent injunction restraining the defendants from
making any illegal and unauthorised construction over
the suit property? OPP.
-- 1 of 2 --
-2-
Issue No.2:Whether the plaintiff is entitled to a decree of
permanent injunction restraining the defendants from
interfering in the possession of the plaintiffs in their
respective shops and from repairing the same? OPP.
Issue No.3:Whether the plaintiff is entitled to a decree of
mandatory injunction against the defendants directing
them to remove the encroachment on the shop of
plaintiff no. 1 and to demolish the illegal and
unauthorised construction and restore it to its original
shape? OPP.
Issue No. 4:Whether the suit of the plaintiff is not
maintainable in view of Section 477/478 DMC Act?
OPD.
Issue no. 5: Whether the suit is not maintainable as it
does not disclose any cause of action in favour of the
plaintiff? OPD.
Issue No.6:Relief?
No other issue arises or is pressed for.
Both the parties are directed to file their respective list of
witnesses in terms of order XVI rule 1 CPC within 15 days
from the date of order. The plaintiff is directed to file affidavits of all
the PWs before the next date of hearing with advance copy to the
defendant(s) at least one week before the next date of hearing.
List for PE on 17.07.2025.
(Dr. Saema Jain)
JSCC/ASCJ/G. Judge(N/E)
20.05.2025
-- 2 of 2 --