Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 336/23
Balwan Singh Vs. Rajbir
25/04/2023
Present : Sh. Vineet Rana, Ld. Counsel for plaintiff (physically
appeared).
Sh. Uday Prasad, Ld. Counsel for defendant no. 1 with
son of defendant no. 1 (physically appeared).
Sh. Sunil Kumar, Ld. Counsel for defendant no. 2
(physically appeared).
Ld. Counsel for the defendant no. 1 seeks an
adjournment to file Written Statement stating that he was out of
station.
At this stage, Ld. Counsel for the plaintiff pressed his
application under Order XXXIX rule 1 &2 CPC stating that if the
construction is done by defendant no. 1, then it will adversely effect
the right of plaintiff, therefore the defendant no. 1 may be restrained
to construct on the suit property.
On this, the son of defendant no. 1 submits that the
construction work has already been completed. He further submits
that no construction is going on at present.
At this stage, Ld. Counsel for the plaintiff submits that
the defendant no. 2 may be directed to demarcate the suit property.
On this, Ld. Counsel for the defendant no. 2 submits
that the suit property has already been urbanized, therefore the
Revenue Department does not have any authority to demarcate the
suit property.
Ld. Counsel for the plaintiff submits that he will move
some application.
Put up for completion of pleadings with advance copy
to opposite party on 11/05/2023. Both parties are directed to
maintain Status Quo till the next date of hearing.
( Virender Singh )
SCJ / RC/ North
Rohini Court / 25/04/2023
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