Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 18 CS SCJ667/23
SINU Vs. NASEEM
10.07.2023
Present: Sh. Sudhir Chowdhary, Ld. Counsel for plaintiff.
Sh SS Parashar, Ld. Counsel for defendant.
Sh. Nitin Chowdhary, Ld. Counsel for the proposed defendants
namely Rasid and Umed.
Ms. Suman Pandey, Ld. Counsel for propsoed Defendant namely
MCD.
Reply filed to Application u/O I R 10 CPC and Application u/O
VI R 17 CPC by the proposed Defendants. Copy of the same has been
supplied to the opposite side.
Ld. Counsel for the proposed defendant MCD states that she will
be filing the status report as regards the gali in question, i.e., as to whether the
same is a public passage or whether the same is a right of way allowed by the
proposed Defendant namely Rasid to the Defendant herein. Let the same be
filed by NDOH.
At this stage, Ld. Counsel for the plaintiff has pressed his
Application u/O XXXIX R 1 and 2 CPC. However, considering the fact that
there are mutually contradictory claims between the parties as to the status of
the gali in question, this Court deems it appropriate to wait for the status report
of the MCD which will be beneficial and relevant for assertaining the status of
the gali in question, the request of Ld. Counsel for the plaintiff is declined.
Plaintiff is directed to supply the copy of the plaint and relevant
annexures to the proposed Defendants during the course of the day today itself.
Put up the matter for further proceedings on 19.07.2023 at 2 PM.
(PRITU RAJ)
CIVIL JUDGE (NORTH)
ROHINI/DELHI/10.07.2023
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