Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6 CS SCJ 575/25 MAHENDAR KUMAR Vs. SHRAWAN
KUMAR
15.09.2025
Present: Sh. Piyush Mittal Ld. Counsel for plaintiff.
Sh. Jivesh Sharma and Sh. Vikas Gupta Ld.
Counsels for defendant no.2.
Sh. Rahul Mangla, Ld. Counsel for defendant no.1
through VC.
Vakalatnama filed on behalf of the defendant no.2.
Same is taken on record.
No written statement has been filed on behalf of
defendant no.1 desspite grant of time on the LDOH. Accordingly,
right of defendant no.1 to file WS stands closed.
It is stated by Ld. Counsel for defendant no.2 that
the document annexed with the plaint were not supplied to
defendant no.2 and for the same reason, WS could not be filed.
Plaintiff is accordingly directed to supply the document annexed
with the plaint today itself against acknowledgment.
It is further stated by Ld. Counsel for defendant
no.2 that as per information received from concerned AE, the
Balcony on the first floor on the rear side of the property is in
dilapidated condition and defendant/occupier of first floor would
be directed to repair the same.
Ld. Counsel for defendant no.1 has submitted that
the balcony has already been repaired and protected and no stones
are falling from the portion of defendant no.1 and the plaintiff,
being the co-owner at present can initiate the repair work if any, at
his own cost. It is submitted by Ld. Counsel for defendant no.1
that the defendant no.1 shall not cause any obstruction for
carrying out such repair and would provide the access to the
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portion from tomorrow itself, for one week. It is further prayed
that in the garb of access for repair, the plaintiff be directed not to
disturb the possession of the defendant no.1 in the premises
occupied by defendant no.1.
It is stated by Ld. Counsel for plaintiff that the
plaintiff shall not disturb the possession of the defendant no.1 and
would repair the balcony only.
In view of the aforesaid submissions, the plaintiff
is at liberty to carry out the repairs on the balcony of the first floor
of the suit property at his cost and the defendant no.1 shall provide
access to the said portion from tomorrow itself for a period of one
week during the time duration of 9:00am to 7:00pm for the said
purpose.
Let the aforesaid repairs be carried out before the
NDOH.
At this stage, it is stage it is submitted that the WS
has been e-filed. It is stated by Reader that no such copy has been
received. It is further noted that the time granted on the LDOH for
filing WS had already expired and no application for condonation
of delay has been filed. Ld. Counsel for defendant no.1 submit
that he shall file such application as well.
Be put up for further proceedings on 09.10.2025.
Copy of this order be given dasti as prayed for.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North Rohini, Courts,Delhi/15.09.2025
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