Order 17

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 24 CS SCJ 667/23
SINU Vs. NASEEM
`
07.08.2025
Present: Sh. Bhumit Malik, Ld. Counsel for plaintiff
Sh. SS Parashar, Ld. Counsel for defendant-1.
Sh. Nitin Kumar, Ld. Counsel for defendant-2 and 3.
Argument heard on application under Order I Rule 10 CPC.
It is submitted by Ld. Counsel for D-1 that D-1 is living at
the rear portion of the suit property and is the owner of that portion. It is
further submitted that brother and father of D-1 are living at the front
portion and they are the one who are raising construction over the suit
property and D-1 is only using the passage for his ingress and outgress.
It is further submitted that D-1 has given a separate statement on
27.07.2024 that he is not raising any construction over the suit property
and further, that he has no concern with the alleged access of the
plaintiff over the suit property and that he had not raised any
construction nor intends to do so in the future. Therefore, he requested
that he may be deleted from the array of parties.
It is submitted by Ld. Counsel for plaintiff that considering
the statement given by D-1 in the Court, he has no objection if the name
of D-1 is deleted from the array of parties.
Arguments heard. Record perused.
The relief sought by the plaintiff in the suit is that the
... Contd.
-- 1 of 2 --
Defendants may be restrained from illegally raising any construction
over the suit property and also seeking mandatory injunction to remove
constuction material from the suit property and to demolish any illegal
construction raised. In light of the statement given by D-1 on 27.07.2024
that he will not be raising any construction over the suit property or that,
the material shown in photographs lying at the site does not belong to
D-1, and he has no concern with the alleged access of the plaintiff over
the suit property and had not raised any construction nor intends to do so
in the future, nothing remains to be adjudicated qua D-1. Accordingly,
he is deleted from array of parties. Application under Order I Rule 10
CPC stands disposed off accordingly.
Plaintiff is directed to file amended memo of parties by
NDOH.
It is submitted by Ld. Counsel for plaintiff that he does not
wish to file replication to the WS of D-2 and 3.
Put up for admission / denial of documents and framing of
issues on 25.09.2025.
(RENU)
CIVIL JUDGE (NORTH)
ROHINI/DELHI/07.08.2025
-- 2 of 2 --