Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 263/26
ROHIT KUNJ MARKET WELFARE ASSOCIATION
Vs.
RESIDENT WELFARE ASSOCIATION
01.07.2026
Present: Ms. Cheena, Ld. Counsel for the plaintiff.
Mr. Sandeep, Ld. Counsel for the defendant / MCD
through VC.
Mr. Mohit, JE, from the office of MCD in person.
Status report dated 27.05.2026 already stands filed
by MCD. Taken on record. Irrespective, WS be also filed by
MCD on NDOH.
Despite repeated calls, defendant no. 1 is absent. It is
pointed out by Ld. Counsel for the plaintiff that defendant no. 1
stands served and counsel Ms. Alka Sharma (fresh
vakalatnama
having been filed) had also appeared on its behalf on 01.06.2026.
Submissions found to be in order. Matter has been called twice
since morning and it is already 11:30 AM. In the interest of
justice however, matter is kept pending awaiting appearance of
defendant no. 1.
(Gaurav Sharma)
JSCC-cum-ASCJ-cum-Guardian Judge
North West/Rohini Courts/Delhi
01.07.2026
AT 12:30 PM
Present: Ms. Cheena, Ld. Counsel for the plaintiff.
Mr. Mohit, JE, from the Office of MCD in person.
Ld. Counsel for the MCD has informed the Court,
verbally today as well as by going through the contents of the
status report filed previously that area inspection was undertaken
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and defendant no. 1 was informed about maintaining status quo
vis-a-vis layout of Rohit Kunj DDA Market in the same
condition as per the layout submitted during the handing / taking
over procedure between MCD and DDA, till further directions
are received from higher authorities.
At present, it is stated by Ld. Counsel for the
plaintiff that the boom barriers put in place by the defendant no. 1
are most often kept closed during the day hours as well causing
great inconvenience to the plaintiff. Moreover, it is also stated
that there is an imminent apprehension about the defendant no. 1
affixing / putting in place a large ‘jaal’ on the iron pillars erected,
which again shall cause real and practical difficulty for the
plaintiff association members to operate. Even the supposed
reasoning of lights required to be put in place in the area, Ld.
Counsel for the plaintiff states that considering the area of the
suit property in question, the number of lights on the pillars
sought to be put appears to be most excessive. She further avers
that previously as well, the gate having been installed by the
MCD, allegedly in the name of security, showed online as one for
renovation purposes only and as such therefore, there appears to
be something amiss.
The JE present has been put to the above
contentions. He states that the boom barriers are required to be
kept open during the day hours and can be closed in the night
time only from 11:00 PM till 05:00 AM, that also accompanied
with guards manning the barrier. As to the apprehension qua
‘jaal’ as well, the JE agrees that if it were indeed to be installed /
put in place, anticipated grievance of the plaintiff may very well
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arise. Ld. Counsel for the MCD has also likewise informed that
as on date, the subsisting issue, as informed by the JE present,
between the parties is with regards the moving barrier and some
talks are pending on either side qua the same. Irrespective, Ld.
Counsel has reiterated the contents of the status report by
emphasizing that no disturbance to the status quo going forward
shall be made, which has been conveyed to both the sides.
Given the above and the fact that even now, when it
is already 01.15 PM, the defendant no. 1 has neither entered an
appearance nor filed any WS, this Court is of the view that
certain interim measures are indeed liable to be put in place.
Accordingly, the defendant no. 1 is directed to
ensure that the boom barriers are kept open in day hours and no
obstruction in movement is caused due to their closing during
such time. Moreover, they be closed during the night hours 11:00
PM to 05:00 AM by meeting arrangements of proper guards so
that movement in that time may be regulate appropriately.
Further, the defendant no. 1 is restrained from putting in place /
installing any kind of ‘jaal’ on the pillars affixed till further
orders. Further, in terms of status report filed, the defendant no. 2
/ MCD is directed to strictly ensure that the status quo is
maintained and the defendant no. 1 does not overreach any
further. The MCD is at liberty to take action if necessary against
defendant no. 1, including through police aid, in case status quo
is violated or directions passed by this Court are not adhered to.
The above be treated as Court directions within the
meaning of under Order 39 Rule 1 and 2 CPC and any
disobedience thereof shall invite adverse orders under Order 39
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Rule 2A CPC.
Further, it is made clear that if for any reason
whatsoever defendant no. 1 does not appear on NDOH or does
not file WS, accompanied with application seeking condonation
of delay as per law, its defence shall be struck off and it shall be
proceeded ex parte.
Copy of this order be given dasti to the plaintiff as
well as MCD.
Put up for completion of pleadings on 10.08.2026.
(Gaurav Sharma)
JSCC-cum-ASCJ-cum-Guardian Judge
North West/Rohini Courts/Delhi
01.07.2026
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