Full Order Text
Order 5 · 23 Mar 2026 · CNR DLNW030000782025
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS SCJ 87/25 KAVITA Vs. KAMAL 23.03.2026 Present: Plaintiff in person alongwith Ld. Counsel. Both the defendants in person alongwith Ld. Counsel. Previous cost has not been paid and WS has also not been filed. Accordingly, right of the defendants to file WS is hereby closed and their defence stands struck off. An application under O 7 R 14 CPC has been filed by the plaintiff. Taken on record. Copy supplied. Let reply be filed with an advance copy to the opposing side at least a week prior to NDOH. It is seen that in the application under O 39 R 1 and 2 CPC, plaintiff has sought restraining both the defendants from creating third party interest in the suit property. Both the defendants as well as Ld. Counsel state that there is no intention on part of the defendants to create third party interest in the suit property. In view of the above, both the defendants are hereby restrained from creating third party interest in the suit property during the pendency of the Court proceedings. Application under O 39 R 1 and 2 CPC stands allowed in the above-mentioned terms. Since the defendants have not filed WS, framing of issues formally is not required. Having said so, in terms of the prayer clause (b) of the plaint, the lis going forward requires adjudication with regards the relief of mandatory injunction only as to the entitlement of the plaintiff to recover back physical possession of the suit property from the defendants. Re-list for PE / further proceedings on 08.07.2026. (Gaurav Sharma) JSCC-cum-ASCJ-cum-Guardian Judge North West/Rohini Courts/Delhi 23.03.2026 -- 1 of 1 --