Full Order Text
Order 4 · 18 Jan 2023 · CNR DLNT030000372023
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 --