Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 142/25
Krishna Devi Vs. Sunita
15.07.2025
Present: Mr. Arun Kumar Tripathi, Ld. Counsel for plaintiff.
Mr. Satbir Singh, Ld. Counsel for D-1 with D-1.
D-2 in person.
WS has been filed on behalf of D-1. Copy already supplied.
D-2 has submitted that the land does not belong to the
plaintiff as well as to the D-1. The land belongs to the Gaonsabha. Ld.
counsel for plaintiff has submitted that application u/o 39 rule 1 & 2 CPC
be allowed and the defendants be restrained from taking possession of the
suit property.
It is submitted by Ld. counsel for D-1 that in the plaint, the
property is stated to be fully constructed, however, during the course of
the arguments the property is stated to be vacant.
The area of 22 sq. yds. is out of total area of 125 sq. yds.
The defendant has not produced any registered ownership document in
his favour. However, before passing any interim injunction, it is
necessary that the specification of the property are clear and the property
is clearly identifiable, as per Order 7 rule 3 CPC. This court is of the
considered view that the site plan does not mention dimensions clearly.
Sufficient grounds do not exist to order status quo, at this
stage. Request for status quo order is accordingly declined.
D-2 is directed to file WS with advance copy to the opposite
side within three weeks from today.
Replication, if any, be filed with advance copy to the
opposite side within four weeks from today.
List for replication, if any, completion of pleadings,
admission-denial of documents and framing of issues on 14.10.2025.
(Himanshu Raman Singh)
SCJ/RC/North
Rohini Court/15.07.2025
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