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CS SCJ - CIVIL SUIT FOR CIVIL JUDGE

SURESHVsMAHIPAL +2 more

CNR DLNT030012082025530-JSCC-cum-Addl. SCJ-cum-Guardian Judge
Rohini North, Senior Civil Judge cum RC Court
delhi · Delhi (DL)
CASE DISPOSED
Uncontested--DISMISSED AS WITHDRAWN
Decision Date: 10th April 2026

TrustJury record updated 18 Oct 2026

Case Overview

Registration Number
766/2025
Registration Date
23 Jul 2025

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Petitioner

    1. 1SURESH

    Respondent

    1. 1MAHIPAL
    2. 2M.C.D. THROUGH ITS
    3. 3S.H.O.

    Acts & Sections

    1
    Injuctions-Both Permanent and Mandatory · Sec ORDER39

    Case History / Proceedings

    Case History
    Date: 23-07-2025
Business: SERVICE
Next Purpose: Misc. cases / purpose
Next Hearing Date: 31-07-2025

Date: 31-07-2025
Business: ATR
Next Purpose: Misc. cases / purpose
Next Hearing Date: 01-09-2025

Date: 01-09-2025
Business: atr
Next Purpose: Misc. cases / purpose
Next Hearing Date: 19-11-2025

Date: 19-11-2025
Business: FP
Next Purpose: Misc. cases / purpose
Next Hearing Date: 07-01-2026

Date: 07-01-2026
Business: fp
Next Purpose: Misc. cases / purpose
Next Hearing Date: 01-04-2026

Date: 01-04-2026
Reason For Adjournment: Judge on Leave
Next Purpose: Misc. cases / purpose
Next Hearing Date: 10-04-2026

Date: 10-04-2026
Business: DAW
Nature Of Disposal: DISMISSED AS WITHDRAWN
Disposal Date: 10-04-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 1215/2025
Filing Date: 21-07-2025
eFiling Number: ADL20240006259C202500023
eFiling Date: 19-07-2025
First Hearing Date: 23rd July 2025
Decision Date: 10th April 2026
Court Number And Judge: 530-JSCC-cum-Addl. SCJ-cum-Guardian Judge

    Orders

    11
    Final Order 6
    10 Apr 2026
    Order Details: COPY OF ORDER
Pdf Text: 19 CS SCJ 766/25
SURESH Vs. MAHIPAL
10.04.2026
Present: Ms. Ishwari, Ld. Proxy counsel for plaintiff
with plaintiff.
Sh. Abhishek, Ld. Counsel for MCD with Sh
Hem Dutt AE.
Sh. Sukhdeep Singh Ld counsel for the
defendant no.1 through VC.
It is stated on behalf of the plaintiff that the
plaintiff wishes to withdraw the present suit as he does not
wish to pursue it any further.
Separate statement of the plaintiff has been
recorded.
In view of the statement made, the suit stands
disposed of as withdrawn.
File be consigned to record room after due
compliance.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North, Rohini Courts,Delhi/10.04.2026
-- 1 of 1 --
    Interim Order 5
    07 Jan 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 5 CS SCJ 766/25 SURESH Vs. MAHIPAL
07.01.2026
Present: Sh.Ram Niwas Ld. Counsel for plaintiff.
Sh. Abhishek Ld. Counsel for defendant/MCD
through VC.
Sh. Sukhdeep Singh Chaudhary Ld. Counsel
for defendant no.1.
Ld. Counsel for MCD has stated that the ATR
in the present case shall be filed during the course of the
day and as per his instruction, the unauthorised construction
has been demolished.
Ld. Counsel for plaintiff has objected to the
same stating that only part action has been taken.
Let ATR be filed before NDOH explicitly
specifying as to whether any action is pending qua the
unauthorised construction. Concerned AE is directed to
appear in person with complete file of the present case.
Be put up for 01.04.2026.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North, Rohini Courts,Delhi/07.01.2026
-- 1 of 1 --
    Interim Order 4
    19 Nov 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6 CS SCJ 766/25 SURESH Vs. MAHIPAL
19.11.2025
Present: Sh. Ram Niwas Ld. Counsel for plaintiff.
Sh. Abhishek Sharma Ld. Counsel for
defendant no.2.
Sh. Sukhdeep Singh Ld. Counsel for defendant
no.1.
It is stated in the ATR filed on behalf of MCD
that demolition order has already been passed against the
encroachment and the unauthorised construction in the
property of defendant which was booked on 11.08.2025. It is
stated that no action could be taken due to implementation of
Grap-III. It is further stated in the report that action shall be
taken as soon as the regulation of Grap-III are lifted.
Let further ATR be called from MCD for
NDOH.
Be put up for 07.01.2026.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North Rohini, Courts,Delhi/19.11.2025
-- 1 of 1 --
    Interim Order 3
    01 Sept 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 8 CS SCJ 766/25 SURESH Vs. MAHIPAL
01.09.2025
Present: Sh Baljeet Kumar, ld counsel for plaintiff.
Sh Sukhdeep Singh, ld counsel for defendant
no.1.
Sh Abhishek Sharma, ld counsel for defendant
no.2.
Written statement has been filed on behalf of
defendant no.1 and 2. Copy supplied to opposite party.
No ATR has been filed on behalf of MCD,
though it is stated that the property of the defendant has been
booked for unauthorised construction.
Let ATR be filed before the next date of
hearing.
Concerned AE is directed to appear in person
on the next date.
Be put up for further proceedings on
19.11.2025.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North, Rohini Courts,Delhi/01.09.2025
-- 1 of 1 --
    Interim Order 2
    31 Jul 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 10 CS SCJ 766/25
SURESH Vs. MAHIPAL
31.07.2025
Present: Sh. Baljeet Kumar Ld. Counsel for plaintiff
through VC with plaintiff.
Ms. Shiv Jyoti Sharma Ld. Counsel for
defendant no.1 through VC.
Sh. Abhishek Sharma Ld. Counsel for
defendant no.2/MCD through VC.
Summons issued to defendant no.1 has been
received back served on 25.07.2025. Memo of appearance
has been filed on behalf of defendant No.2. Taken on record.
As there is no specific relief claimed against
defendant no.3, he is deleted from the array of parties.
Plaintiff is directed to file amended memo of parties.
It is stated by defendant no.1 that he shall not
encroach on the common area/public land any further. His
separate statement has been recorded to this effect.
In view of the statement made, the defendant is
directed not to raise any further construction on the
area/property. MCD is directed to file ATR on NDOH.
Be put up for ATR/further proceedings on
01.09.2025.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North, Rohini Courts,Delhi/31.07.2025
-- 1 of 1 --
    Interim Order 1
    23 Jul 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ NO.766/25 SURESH VS MAHIPAL
23.07.2025
Fresh suit received by way of assignment through e-mode.
It be checked and registered.
Present: Sh. Ram Niwas Ld. Counsel for plaintiff
through VC.
Submissions heard. Record perused.
Issue summons for settlement of issues and
notice of the application under Order XXXIX rule 1 & 2 CPC
to defendants on filing of PF/RC/Speed Post/AD for
31.07.2025. Steps be taken within 2 days. Summons be given
dasti as prayed for. Meanwhile notice be issued to MCD to
file report with respect to the suit property for NDOH.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North, Rohini Courts,Delhi/23.07.2025
-- 1 of 1 --
    Order 5
    07 Jan 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 5 CS SCJ 766/25 SURESH Vs. MAHIPAL
07.01.2026
Present: Sh.Ram Niwas Ld. Counsel for plaintiff.
Sh. Abhishek Ld. Counsel for defendant/MCD
through VC.
Sh. Sukhdeep Singh Chaudhary Ld. Counsel
for defendant no.1.
Ld. Counsel for MCD has stated that the ATR
in the present case shall be filed during the course of the
day and as per his instruction, the unauthorised construction
has been demolished.
Ld. Counsel for plaintiff has objected to the
same stating that only part action has been taken.
Let ATR be filed before NDOH explicitly
specifying as to whether any action is pending qua the
unauthorised construction. Concerned AE is directed to
appear in person with complete file of the present case.
Be put up for 01.04.2026.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North, Rohini Courts,Delhi/07.01.2026
-- 1 of 1 --
    Order 4
    19 Nov 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6 CS SCJ 766/25 SURESH Vs. MAHIPAL
19.11.2025
Present: Sh. Ram Niwas Ld. Counsel for plaintiff.
Sh. Abhishek Sharma Ld. Counsel for
defendant no.2.
Sh. Sukhdeep Singh Ld. Counsel for defendant
no.1.
It is stated in the ATR filed on behalf of MCD
that demolition order has already been passed against the
encroachment and the unauthorised construction in the
property of defendant which was booked on 11.08.2025. It is
stated that no action could be taken due to implementation of
Grap-III. It is further stated in the report that action shall be
taken as soon as the regulation of Grap-III are lifted.
Let further ATR be called from MCD for
NDOH.
Be put up for 07.01.2026.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North Rohini, Courts,Delhi/19.11.2025
-- 1 of 1 --
    Order 3
    01 Sept 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 8 CS SCJ 766/25 SURESH Vs. MAHIPAL
01.09.2025
Present: Sh Baljeet Kumar, ld counsel for plaintiff.
Sh Sukhdeep Singh, ld counsel for defendant
no.1.
Sh Abhishek Sharma, ld counsel for defendant
no.2.
Written statement has been filed on behalf of
defendant no.1 and 2. Copy supplied to opposite party.
No ATR has been filed on behalf of MCD,
though it is stated that the property of the defendant has been
booked for unauthorised construction.
Let ATR be filed before the next date of
hearing.
Concerned AE is directed to appear in person
on the next date.
Be put up for further proceedings on
19.11.2025.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North, Rohini Courts,Delhi/01.09.2025
-- 1 of 1 --
    Order 2
    31 Jul 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 10 CS SCJ 766/25
SURESH Vs. MAHIPAL
31.07.2025
Present: Sh. Baljeet Kumar Ld. Counsel for plaintiff
through VC with plaintiff.
Ms. Shiv Jyoti Sharma Ld. Counsel for
defendant no.1 through VC.
Sh. Abhishek Sharma Ld. Counsel for
defendant no.2/MCD through VC.
Summons issued to defendant no.1 has been
received back served on 25.07.2025. Memo of appearance
has been filed on behalf of defendant No.2. Taken on record.
As there is no specific relief claimed against
defendant no.3, he is deleted from the array of parties.
Plaintiff is directed to file amended memo of parties.
It is stated by defendant no.1 that he shall not
encroach on the common area/public land any further. His
separate statement has been recorded to this effect.
In view of the statement made, the defendant is
directed not to raise any further construction on the
area/property. MCD is directed to file ATR on NDOH.
Be put up for ATR/further proceedings on
01.09.2025.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North, Rohini Courts,Delhi/31.07.2025
-- 1 of 1 --
    Order 1
    23 Jul 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ NO.766/25 SURESH VS MAHIPAL
23.07.2025
Fresh suit received by way of assignment through e-mode.
It be checked and registered.
Present: Sh. Ram Niwas Ld. Counsel for plaintiff
through VC.
Submissions heard. Record perused.
Issue summons for settlement of issues and
notice of the application under Order XXXIX rule 1 & 2 CPC
to defendants on filing of PF/RC/Speed Post/AD for
31.07.2025. Steps be taken within 2 days. Summons be given
dasti as prayed for. Meanwhile notice be issued to MCD to
file report with respect to the suit property for NDOH.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North, Rohini Courts,Delhi/23.07.2025
-- 1 of 1 --

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