Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ No. 29-23
Giriraj Gupta 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.
Memo of appearance is filed on behalf of
DDA.
Put up for orders at 4:00 p.m.
( Virender Singh )
SCJ / RC/ North
Rohini Court / 18/01/2023
At 3:00 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. 50/11 Min (0-16) & 51/15
Min (0-6), situated in Village – Alipur, Delhi. It is contention
of the plaintiff that the defendants are trying the demolish
Contd.....
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the suit property without due process of law and by way of
present application he wants a restrainment order against
them. It 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
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