Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 8 CS SCJ508/25
Rushali Khera Vs. L Mani Ram Kumar and Sons
`
02.07.2025
Present: Sh. Sahil Sharma, Ld. Counsel for plaintiff.
Sh. Deepak Vashishth, Ld. Counsel for Defendant-1 to 4.
Sh. SK Singh, Ld. Proxy Counsel for defendant-5
Memo of appearance filed on behalf of D-5. Same is
accepted for today only.
WS along with reply to application under Order XXXIX
Rule 1 and 2 CPC and an application under Order VII Rule 11 CPC r/w
Order VII Rule 10 CPC filed on behalf of the Defendant-1 to 4. Same
are taken on record. Copy of the same have been supplied to the
opposite party.
At this stage, it is submitted by Ld. Counsel for plaintiff
that plaintiff may be allowed to visit the suit property for the purpose of
checking her electricity meter installed on the suit property till the
disposal of application under Order XXXIX Rule 1 and 2 CPC. Same is
opposed to by Ld. Counsel for defendant on the ground that an
application under Order VII Rule 11 CPC has been filed on behalf of the
Defendants which goes to the very roots of the maintainability of the
present suit and unless the application under Order VII Rule 11 CPC be
decided on merits, no such relief may be granted to the plaintiff.
Moresover, plaintiff has failed to raise a prima facie case in her favour
as in different suits, several contradictory stands were taken by the
plaintiff herself.
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It is further submitted by Ld. Counsel for Defendant that
plaintiff can make an application to the TPDDL and get her meter
transferred outside the building and for that, the Defendants will allow
the access to the suit property to the TPDDL officer.
Considering the submissions of both the parties, at this
stage, this Court does not deem it fit to pass any ad interim order or
relief in favour of the plaintiff as even if the abovestated prayer of the
plaintiff is denied, she will not suffer any irreparable loss or injury.
Hence, the prayer of ad interim stands denied.
Put up the matter for reply / arguments on application under
Order VII Rule 11 CPC on 29.08.2025.
(RENU)
CIVIL JUDGE (NORTH)
ROHINI/DELHI/02.07.2025
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