Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 14 CS SCJ 1007/25 HARISH KUMAR Vs. ANIL KUMAR
27.09.2025
Present: Sh Karandeep Singh, ld counsel for plaintiff.
Defendant in person.
The case is listed for consideration.
It is noted that the defendant is already present
before the Court in the suit filed by him.
Submissions heard on the suit. The suit is filed
by the plaintiff seeking ejection of defendant from the suit
property claiming that defendant was tenant under him and
the tenancy had been terminated.
Issue notice of the suit.
The notice is accepted by the defendant. Copy
of the present suit alongwith documents has been supplied to
the defendant against acknowledgment.
Defendant is directed to file written statement
within 30 days from today with advance copy to opposite
party.
At this stage, ld counsel for plaintiff has
pressed for his application u/o XXXIX Rule 1 and 2 CPC
praying that defendant be restrained from creating any third
party interest in the suit property i.e. property no. H-1/3, Gali
no. 30, Second Floor, Mahindra Park, Delhi.
It is stated by ld counsel for plaintiff that the
defendant was a tenant in the suit property and tenancy has
been terminated. On enquiry, it is stated by defendant that the
plaintiff was his landlord.
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(2)
Thus, the plaintiff has clearly established a
prima facie case in his favour. It is pertinent to state that
balance of convenience also weighs in favour of the plaintiff
and irreparable damage would be caused to the plaintiff if the
defendant is not restrained from creating any third party
interest in the suit property.
Accordingly, the present application u/o
XXXIX Rule 1 and 2 CPC stands allowed and defendant is
restrained from creating any third party interest in the suit
property i.e. property no. H-1/3, Gali no. 30, Second Floor,
Mahindra Park, Delhi till the disposal of the present suit.
Be put up for 13.11.2025.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North, Rohini Courts,Delhi/27.09.2025
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