Order 13

Order Details: COPY OF ORDER
Pdf Text: 64 CS SCJ1085/24
AJIT PAL Vs. REKHA BHAYANA AND ORS
21.08.2026
Present: None for plaintiff.
Shri Mohit Monga, Ld. counsel for D-1, D-6 and D-
7.
Matter is listed for reply and arguments on the
application under Order VI Rule 17 CPC.
Ld. counsel for defendant no. 1, 6 and 7 submits that
the present application is not maintainable as the suit itself has
became infructuous after possession of the suit property, has
been handed over to the defendant no. 1, 6 and 7 in execution
petition i.e. Ex. Com. No. 40/2025 before Ld. District Judge,
Commercial, North, Rohini Courts, Delhi. It is further submitted
that in view of the same, the present suit for permanent
injunction has become infructuous.
At this stage, Ld. counsel for defendant no. 1, 6 and
7 has filed on record the copies of certain orders, passed by
Hon’ble Delhi High Court and Ld. DJ (Commercial), North,
Rohini.
It is further submitted by the counsel for defendant
no. 1, 6 and 7 that since last four dates of hearing, the matter had
been adjourned due to the default on the part of the plaintiff and
prayed that the present suit be dismissed without giving any
further opportunity to the plaintiff. It is also submitted that the
previous cost has not been paid by the plaintiff.
Cont.............../-2
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Submissions heard.
Let the matter be awaited for the plaintiff/further
order till 4:00 p.m.
(SAKSHI JAISWAL)
CIVIL JUDGE (NORTH)
ROHINI/DELHI/21.08.2026
At 1:00 P.M.
Present: Shri Mohit Dhama, Ld. proxy counsel for plaintiff
(Through VC).
None for defendants.
Ld. Proxy Counsel for the plaintiff seeks an
adjournment on the ground that the main counsel is not available
today.
Perusal of file shows that the plaintiff has not been
diligent in pursuing the present matter. In view of the failure of
the plaintiff to advance arguments on the application under Order
VI Rule 17 CPC, the application stands dismissed for non-
prosecution.
In the interest of justice, final opportunity is being
given to the plaintiff to advance arguments on the maintainability
of the present case.
Put up on 05.09.2026.
(SAKSHI JAISWAL)
CIVIL JUDGE (NORTH)
ROHINI/DELHI/21.08.2026
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