Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 490/25
SURESH KUMAR Vs. DDA through
09.06.2025
Present : Mr. Amit Rana, Ld. Counsel for plaintiff.
Mr. Utkarsh Sharma, Ld. Counsel for defendant/DDA.
Fresh
Vakalatnama filed on behalf of DDA. Same is taken
on record.
Submissions heard.
Despite service of notice, the DDA has filed no reply to
the application under Order XXXIX Rule 1 & 2 CPC. Ld. Counsel for
the plaintiff submits that no notice has been issued.
Ld. Counsel for DDA is unable to answer the question.
Ld. Counsel for the plaintiff has relied upon judgment of
Hon’ble Delhi High Court Raj Kumar & Ors. Vs. Block Development
Officer (North) & Ors. dated 17/01/2020 in W.P.(C) 10782/2016.
Further, Ld. Counsel for plaintiff stated that the DDA
allowed construction on the adjoining plots and targeted only upon the
plaintiff’s plot. Perusal of record reveals that there is construction on
the adjoining plots however, the DDA has taken no action. It appears
to be lapse on the part of DDA.
DDA is restrained from taking any action till the disposal
of application under Order XXXIX Rule 1 & 2 CPC.
List for argument on the pending application under Order
XXXIX Rule 1 & 2 CPC on 17/07/2025. Copy of the order be given
dasti.
( Himanshu Raman Singh)
SCJ / RC / North
Rohini Court / 09.06.2025
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