Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 28 CS SCJ 575/25 MAHENDAR KUMAR Vs. SHRAWAN
KUMAR
09.10.2025
Present: Sh. Piyush Mittal, Ld. Counsel for plaintiff.
Sh. Mohit Chaurasiya Ld. Counsel for defendant
no.1.
Ms. Diksha Sain Ld. Counsel for defendant no.2.
Vakalatnama filed on behalf of the defendant no.1.
Same is taken on record.
WS has been filed on behalf of the defendant no.1
along with an application for condonation of delay. Another
application U/o 7 rule 11 CPC has been made on behalf of
defendant no.1. Taken on record. Copy supplied.
WS along with certain photographs has also been
filed on behalf of defendant no.2. Same be taken on record. Copy
supplied.
It is informed that the order dated 15.09.2025
could not given effect to due to existing dispute between the
parties and no repairs could be carried out. However,
alternatively a proposal has been made on behalf of defendants to
cover the open space /iron jal by way of a thick net /murga jali
which can be helpful in securing the protection which may be
required in the event of any stone being fell due to the condition of
existing structure. The said proposal has been accepted by the
plaintiff.
However, an apprehension has been expressed by
Ld. Counsel for defendant regarding any untoward incident in the
event of visit by defendants for the installation of thick net as an
FIR has also been registered after the order dated 15.09.2025. It is
stated that the defendants have all the right to access the property
through the stairs on the front as well as the rear side of the
property.
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Ld. Counsel for plaintiff has also expressed similar
apprehension as it is stated that complaint was also given by
plaintiff after order of 15.09.2025 and the quarrel was initiated by
the defendants.
Submissions heard.
Considering the proposal made by the defendants
and that the same has been accepted by the plaintiff, the court
intervened to inquire if the plaintiff has any objection with respect
to the defendants installing thick net on the iron jal in their
portion, it is stated that the plaintiff has no objection to the same.
An undertaking has been given by the plaintiff that
no obstruction shall be caused to the access of defendant no.1 to
their portion of the property.
Considering the circumstances, let the proposal be
given effect before the NDOH and the thick net be installed on the
iron jal by defendant no.1 at his own expense. To ensure the
safety of the parties, the concerned SHO is directed to ensure that
the process of installation of thick net on the iron jal is completed
smoothly. It is also submitted by the Ld. Counsels that any
communication for the purpose of coordination shall be done
through them only.
Copy of this order be given dasti to the parties and
be also sent to the SHO concerned.
Be put up on 31.10.2025.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North, Rohini Courts,Delhi/09.10.2025
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