Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6 CS SCJ 238/25 SMT. BIMLA Vs. PREM PRAKASH
SAINI
06.04.2026
Present: Sh Nadeem Saifi, ld counsel for plaintiff.
Sh Baldev Saran, ld counsel fo defendant no.1.
Ms Mithlesh, ld counsel for defendant no.2.
An application u/s 152 CPC was made on
behalf of plaintiff for rectification of issues framed on
12.01.2026. It is stated that the issue no. 3 was
inadvertently framed as “Whether the property of defendant
no.1 was damaged by the construction raised by the
plaintiff? OPP” instead of “Whether the property of
plaintiff was damaged by construction raised by defendant
no.1? OPP”.
It is prayed that the said rectification be carried
out for the sake of clarity and smooth trial. The application
is not opposed by the ld counsel for the defendants.
Heard.
Considering the aforesaid, the application is
allowed. The issues are re-framed as under :
1. Whether the defendant no.1 has raised illegal and
unauthorised construction in the suit property and for the
said purpose has also caused blockages on the pavement?
OPP?
2. Whether plaintiff is entitled for the relief of
permanent and mandatory injunction as sought? OPP.
3. Whether the property of plaintiff was damaged by
construction raised by defendant no.1? OPP
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4. Whether the plaintiff has no approached the court
with clean hands and had suppressed the material facts?
OPD
5. Relief, if any.
Be put up for PE/further proceedings on
27.07.2026.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North, Rohini Courts,Delhi/06.04.2026
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