Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 15 CS SCJ 458/23 KRISHAN CHANDER SAINI Vs.
KRISHNA DEVI
16.10.2025
Present: Ms. Rashmi Singh Ld. Counsel for plaintiff
with plaintiff.
Sh. Kashmir Singh Ld. Counsel for defendant
no.1.
Sh. Mahender Pratap Singh Ld. Counsel for
defendant/ MCD through VC.
An application for reviewing the order dated
09.07.2025 has been made on behalf of plaintiff. It is stated
in the application that a fresh status report is required to be
called from MCD to substantiate claim of unauthorised
construction by defendant. It is further stated that without
such report from MCD, the plaintiff’s case would be
hampered as it is argued that the defendant have raised
construction despite booking of the suit property earlier as
well.
Submissions heard.
It is to be noted that a status of the suit
property has already been stated by the MCD in their WS.
Vide order dated 09.07.2025, the application of the plaintiff
to call a fresh status report was dismissed by this court and
the present application for review has been filed to recall
order dated 09.07.2025. At the outset, it has to be observed
that the plaintiff has failed to show any error apparent to
warrant a review of the said order and there is no other
sufficient reason to review the same. The application is
found to be meritless and stands dismissed.
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The onus to prove its case is upon the plaintiff
and for the said purpose the plaintiff can summon witnesses
from the authority to establish previous booking of the suit
property by the MCD, if any. Filing of status report cannot
take place of the formal evidence.
Affidavit of evidence has been filed on behalf
of plaintiff. Taken on record.
At request, be put up for PE on 22.01.2026.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North, Rohini Courts,Delhi/16.10.2025
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