Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ No. 30-23
Anshul Agarwal Vs. SDM - Alipur
18/01/2023
Present : Sh. Naveen Bhardwaj, Ld. Counsel for
plaintiff (physically appeared).
Ms. Vasu Singh, Ld. Counsel for defendant
Nos. 1 & 2 alongwith Sh. O. P. Sayal -
Bailiff, Sh. Santosh Kumar – Patwari,
and Sh. Kamaljeet – Naib Tehsildar, Alipur
(physically appeared).
Ms. Manya Batra, Ld. Counsel for DDA
(physically appeared).
None for defendant no. 3 despite repeated
calls.
Put up for orders at 4:00 p.m.
( Virender Singh )
SCJ / RC/ North
Rohini Court / 18/01/2023
At 3:15 p.m.
Present : None.
Arguments already heard on application under
Order XXXIX rule 1 & 2 CPC.
At the outset it is observed that the plaintiff is
claiming ownership on property ad measuring 1 Bigha 2
Biswa comprising in Khasra No. 101/16 (1-03), situated in
Village – Alipur, Delhi. It is contention of the plaintiff that
the defendants are trying the demolish the suit property
without due process of law and by way of present
application he wants a restrainment order against them. It
Contd.....
-- 1 of 2 --
-/2/-
is observed that as per the documents filed on behalf of
defendants, there are other properties also in the same
Khasra Number of other persons. The plaintiff has not filed
any Site Plan to identify the suit property. As per Order VII
rule 3 CPC, it is mandatory for plaintiff to correctly identify
the suit property by mentioning boundaries and numbers.
In view of aforesaid facts and circumstances,
specifically in absence of the Site Plan, there is ambiguity
regarding the identification of the suit property. In the
considered opinion of this Court, no restrainment order can
be passed regarding the property which is not identifiable,
hence the present application is dismissed with liberty to
file fresh application by plaintiff by correctly specifying and
identifying the suit property as per Order VII rule 3 CPC.
Put up for filing replication, if any with advance
copy to opposite party and for further proceedings on
09/02/2023.
( Virender Singh )
SCJ / RC/ North
Rohini Court / 18/01/2023
-- 2 of 2 --