Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 16 CS SCJ45/26
AJAY Vs. KRISHAN KUMAR
`
14.01.2026
Present: Sh. Nitin Gahlawat and Ms. Suman Rajput, Ld. Counsel for
plaintiff with Plaintiff in person.
Heard, Ld. Counsel for the plaintiff.
Issue summons of the suit and notice of the application
under Order XXXIX Rule 1 and 2 CPC, if any, to the defendant in the
prescribed proforma on filing of PF/RC. Steps be taken within one
week. Dasti service is allowed, as prayed for.
At this stage, Ld. Counsel for plaintiff presses his
application under Order XXXIX Rule 1 and 2 CPC and prays for ad
interim injunction.
It is submitted by Ld. Counsel for plaintiff that plaintiff has
sought the relief of permanent injunction in favour of the Plaintiff and
against the Defendant restraining the Defendant, his agents etc. from
creating any third party interest in the suit property.
Submissions heard. Record perused.
Perusal of the case file shows that plaintiff has claimed
ownership over the suit property by virtue of registered GPA, Will, ATS
etc executed in favour of plaintiff by a registered sale deed holder in
1998. However, no document has been placed on record to show that the
land is mutated in the name of plaintiff. Further, one similar suit is also
..... Contd.
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filed between the same parties. However, in the present case, the
Plaintiff is a GPA holder of one lady namely Ms. Mohini Gupta, w/o
Sh. Guru Prasad Gupta.
In order to show the possession of the Plaintiff over the suit
property, Plaintiff has annexed certain photographs with holding
newspapers in his hands. However, perusal of photographs in both the
files show that the photographs are apparently of the same property.
Therefore, at this stage, it cannot be properly ascertained whether the
Plaintiff is in the possession of the suit property or not. Accordingly, at
this stage, this Court is not inclined to grant ad interim injunction in
favour of the Plaintiff. However, a shorter date is given in order to
protect the interest of plaintiff.
List on 30.01.2026.
Copy dasti.
(RENU)
CIVIL JUDGE (NORTH)
ROHINI/DELHI/14.01.2026
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