Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 14 CS DJ 121/26 Sh Devender Singh Parmar Vs. Hinduja Housing Finance Ltd
22.04.2026.
Present : Mr. Deepak Jain, Ld. Counsel for plaintiff alongwith
plaintiff in person.
None for defendant no. 3 and 4.
Reports received are perused. Considering the same, this court
is satisfied that defendant no. 1 is served. Going through the record, it is also
found that there had been an inadvertent omission in last order about the
recoding of service of defendant No. 2. Now, as record is showing that ordinary
process to defendant no. 2 was served on 21.02.2026 whereas the process was
served through speed post on 20.02.2026, defendant No. 2 also stands served.
Now, be awaited for the appearance of defendants for 12.30 pm.
(Aanchal)
District Judge-03, Rohini Courts
North District, Delhi, 22.04.2026 (Amt)
At 12.30 pm
Present : Mr. Deepak Jain, Ld. Counsel for plaintiff, through VC.
None for defendant no. 1, 2, 3 and 4.
Be awaited for 2.00 pm.
(Aanchal)
District Judge-03, Rohini Courts
North District, Delhi, 22.04.2026 (Amt)
At 2.00 pm
Present : Mr. Deepak Jain, Ld. Counsel for plaintiff, through VC.
None for defendant no. 1, 2, 3 and 4.
Be awaited for 3.15 pm.
(Aanchal)
District Judge-03, Rohini Courts
North District, Delhi, 22.04.2026 (Amt)
At 3.15 pm
Present : Mr. Deepak Jain, Ld. Counsel for plaintiff, through VC.
None for defendant no. 1, 2, 3 and 4.
This is the fourth call since morning but none has appeared on
behalf of defendant no. 1 to 4. Accordingly, due to the non-appearance on
behalf of defendant no. 1 to 4, they are hereby proceeded ex-parte.
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Ld. Counsel for the plaintiff also presses the application u/o 39
Rule 1 & 2 CPC.
Heard. Record perused.
Plaintiff has filed the present suit seeking permanent and
mandatory injunction alongwith damages. It is stated that plaintiff is also the
lawful owner of 2/4th undivided share in roof/terrace of property bearing No.
A-18/2, Hanuman Road, Adarsh Nagar Extension, Delhi-110033 (hereinafter
called as suit property) by virtue of gift deed executed by Ms. Sarojini Devi in
his favour but on account of non-payment of loan against the third floor of the
suit property by defendant No. 3 & 4, possession of third floor had been taken
by defendant No. 1 and simultaneously, the gate for accessing the roof is locked
thereby his ownership rights are being denied raising apprehension to
plaintiff. Defendant Nos. 1 to 4 have failed to appear before the Court to contest
the present suit. Gift deed as attached does support the version of the plaintiff.
Property is also required to be protected from creation of any 3rd party interest
during the pendency of the suit. Accordingly, prima-facie case lies in favour of
the plaintiff. Balance of convenience is also in favour of the plaintiff. Prayer is
made in respect of the immovable property so irreparable injury shall be caused
to him if injunction is not granted. Hence, Defendant Nos. 1 to 4 are hereby
restrained from creating third party interest in respect of the share of the
plaintiff in the roof/terrace of the property bearing No. A-18/2, Hanuman Road,
Adarsh Nagar Extension, Delhi-110033 and defendants are directed to ensure
access to the plaintiff to the roof/terrace on the suit property, during the
pendency of the suit. Application stands disposed off.
Put up for ex-parte PE for 22.08.2026.
(Aanchal)
District Judge-03, Rohini Courts
North District, Delhi
22.04.2026 (Amt)
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