Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS DJ 353/26 Niyajan (through her SPA holder Shareef
Mohammad) Vs. Sub Registrar VI E North
10.09.2026
Present: Sh. Ashok Kumar, Counsel for plaintiff.
Sh. Sachin, MTS on behalf of the D1, which is
proforma party.
Sh. Shahrukh Khan, Counsel for D2 via VC.
Sh. Pankaj Singh, Counsel for D3.
Sh. Neeraj Kr. Shah, Counsel for D4 with D4 in
person.
WS already filed by D3 & D4. Delay if any is
condoned.
The counsel for D2 states that the possession of the
suit property has already been recovered by it as no relief was
granted to the plaintiff by DRT and it has now been put auction.
The counsel for the plaintiff states that his proceedings before the
DRT are still pending, which were instituted prior to this suit. He
though admits that the possession of the suit property has been
taken by D2.
The record shows that plaintiff has not filed any
documents establishing her title. The counsel for the plaintiff states
that he would file the same on or before the NDOH. He though
clarifies that the title documents of the plaintiff involves chain of
customary documents of 1985.
In the entirity of the aforesaid circumstance, I am
inclined to hear on the maintability of the suit particulary with
regard to the title of the plaintiff based upon customary documents;
that the plaintiff has been divested of the possession; that the
plaintiff has not challenged the GPA executed in favour of D3 with
Contd....
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permission to sell; the non-disclosure of the prior instituted DRT
proceedings in the suit and the bar of the suit created under
SARFAESI Act.
To come up for arguments on 01.02.2027.
(Sidharth Mathur)
District Judge-01(N)/Rohini
Courts Delhi/10.09.2026/ak
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