Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6
CS SCJ 1317/25
VAIBHAV GUPTA Vs. RAJENDER KUMAR
18.08.2026
Present : Ld. Counsel for plaintiff.
Mr. Vaibhav Gupta, Ld. Counsel for defendants no.1 and 2.
Ms. Vasu Singh (through VC) and Ms. Nidhi, Ld. Counsel for
MCD/defendant no.5.
Mr. Subhit, AE (Building), MCD in person.
None for other defendants.
An application under Order XXXIX Rule 2A CPC has been filed on behalf
of plaintiff, alleging deliberate violation of the order dated 11.07.2026 and non-removal of
gate by the defendants despite directions of this court.
Ld. Counsel for plaintiff has apprised that the defendants have not complied
with the order dated 11.07.2026 and they have not removed the gate installed between
second and third floor. The defendants were granted one week’s time vide order dated
11.07.2026 for compliance and they have not sought any extension of such time and no
application in this regard, has been ever filed. It is the allegation of the plaintiff that such
gate restricts the access of the plaintiff towards the water tanks and since installation of
such gate, plaintiff has not been able to access the water tanks due to obstruction through
gate installed by the defendants.
Upon query, Ld. Counsel for private defendants has admitted that his clients
have not removed the gate due to some understanding/agreement between the parties. He
further submits that private defendants have not complied with the order because such area
is under the possession of the defendants and owned by them. However, he admits that
such order dated 11.07.2026 was never challenged on behalf of defendants.
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It is clear that private defendants have failed to comply with the directions
of this court deliberately and admittedly, they have not sought any modification of such
directions, even if there was any sort of understanding between the parties. This shows
complete disregard of the directions passed by the court against the defendants and
accordingly, defendant no.1 and 2 are hereby burdened with a cost of Rs.20,000/- to be
deposited in the A/c of District & Sessions Courts Employees Welfare Association Delhi
detailed as under:-
SBI Account No. 38222714058
IFSC : SBIN0000726
Branch: Tis Hazari
Receipt of the same be filed before NDOH.
Private defendants shall remain present in person on the NDOH.
Private defendants are again directed to comply with the directions
contained in the order dated 11.07.2026 within a week from today, failing which plaintiff
shall be at liberty to seek execution of such order, through coercive means, as per law.
Ld. Counsel for MCD has clarified that the demolition order was passed not
only against the defendants but also against the plaintiff and a stay granted by Ld.
Appellate Tribunal, MCD over such order, is still in operation and hence, no action of
demolition can be taken.
Status report has been filed by the MCD alongwith copy of such orders. Copy
supplied to the opposite side.
In these circumstances, plaintiff shall clarify on the NDOH as to what
remains to be adjudicated in the present suit.
Be adjourned for 28.10.2026.
(Bharat Aggarwal)
JSCC-cum-ASCJ (North)
Rohini Courts, Delhi
18.08.2026
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