Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: Civ Suit 547/23
Rajdulari Vs. Parveen & Ors
24.11.2023
Fresh suit received. It be checked and registered.
Present: Ld. Counsel for the plaintiff.
It is the case of the plaintiff that he is the owner of a
vacant plot bearing No. C-11, measuring 50 square yards out of
Khasra No. 14/22, Gali No. 5, Phase No. 2, Shiv Vihar, Delhi
having purchased the same share through notarized GPA and
other conventional documents dated 16.09.2023 from defendant
no. 4 for an amount of Rs. 18,00,000/-. It is stated in the plaint
that after the purchase of the property, plaintiff started the
construction and renovation of the same. Two built up rooms in
the suit land were demolished by the plaintiff and after
demolition of the said rooms, the plaintiff was shocked to see that
defendant no. 1 alongwith one more person namely Sh. Ravinder
Giri who is a property dealer came to the suit property and
threatened the plaintiff to stop the construction work. The matter
was taken by the plaintiff to the concerned police station,
however, it is alleged that the SHO of concerned PS is in hand
and gloves with the defendant no 1 and 2 and he informed the
plaintiff that he has personal interest in the property. He advised
the plaintiff to file a complaint against defendant no. 2, 3 and 5 as
he has been duped by them. Further, it is stated that on
08.11.2022, plaintiff saw the defendants undertaking construction
over the suit land by the material purchased by the plaintiff for
construction which was lying on the suit land and they are
continuing to do so. It is strongly prayed by the counsel for
plaintiff that defendant be restrained from undertaking
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construction work over the suit land to protect the interest of the
plaintiff. Heard. Perused.
The counsel for plaintiff has pointed out at the
photographs of the suit land on page no. 90 and 91 of the plaint
showing broken brick walls.
An application u/s 151 CPC for bringing on record
additonal documents has been filed today by the plaintiff
alongwith one photograph and a pendrive. The pendrive contains
a video which is shown in the court today.
Considering the matter is at initial stage, such
aforesaid documents are taken on record.
Application stands disposed of accordingly.
In the aforesaid photograph, the suit plot is shown
with a temporary gate affixed therein and walls are partly
constructed. It is stated that this construction is undertaken in last
few days. Plaintiff has a strong prima facie in his favor and he is
likely to suffer irreparable injury if relief at this is stage is not
granted.
In order to meet the ends of justice at this stage,
defendants are restrained from undertaking any construction
over the suit land till the NDOH.
Plaintiff is directed to comply with the provisions of
Order 39 Rule 3 CPC and file affidavit of service of this order till
25.11.2023.
Issue summons for settlement of issues to the
defendants on filing of PF/RC for 08.12.2023.
Copy of order be given dasti.
Tania Singh
ACJ-cum-ARC-cum-CCJ
North-East/Karkardooma Courts
Delhi/24.11.2023
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