Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 32 CS SCJ 82/24 Ratiram Vs. Delhi Development Authority
14.11.2024
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Present: Son of plaintiff in person with Ld.Counsel Sh. D.S. Kumar.
Sh. G.S.Bhatia, Sh. Anirudh Garg, and Sh. Bharat, Ld.Counsels
for defendant/DDA.
Sh. Santosh Kumar, LDC from DDA.
Plaintiff is directed to file amended memo of parties in terms of
order dated 11.03.2024 whereby all the defendants except DDA were deleted
from the array of parties.
At request of Ld.Counsel for plaintiff, PA/Stenographer is
directed to upload the order dated 11.03.2024 on the CIS.
The present case pertains to declaration and permanent as well
as mandatory injunction.
As regards prayer no.1, which is pertaining to setting aside or
declaration of demolition order dated 15.03.2023 as null and void, it is
submitted that the demolition has already been carried out and therefore, the
said prayer has become infructuous.
As regards remaining prayers seeking permanent injunction
from restraining the defendant from dispossessing the plaintiff from the
property situated adjacent to Khasra no. 307/1, Village Jaunti, Delhi-81, and
from interfering in the peaceful possession thereof, it is submitted on behalf
of DDA that the plaintiff has not specifically averred the exact property
number with respect to which he is seeking the said relief. Further, he has also
not filed any site plan for identification of the suit property.
On the contrary, Ld.Counsel for plaintiff submits that the suit
property is not adjacent to Khasra no. 307/1, rather it is a part of Khasra no.
307/1. He submits that he will file appropriate application seeking amendment
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of plaint and will also file site plan with measurements governing the suit
property.
To this, Ld.Counsel for defendant/DDA submits that once steps
are taken by the plaintiff regarding identification of the suit property, he will
provide necessary clarification as to whether the said property has been
handed over to DDA or not.
Heard.
In view of the submissions, matter is adjourned.
Put up for filing of amended memo of parties in terms of order
dated 11.03.2024, filing of application for amendement of plaint, if any, and
further proceedings on 06.03.2025.
(Priyanka Rajpoot)
SCJ cum RC, (North-West)
Rohini Courts, Delhi/14.11.2024
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