Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 263/26
ROHIT KUNJ MARKET WELFARE ASSOCIATION
Vs.
RESIDENT WELFARE ASSOCIATION
28.02.2026
Fresh suit received from filing counter. It be checked and
registered as per rules.
Present: Ms. Cheena Sharma, Ld. Counsel for the plaintiff.
Heard. Record perused.
Application U/s 80 CPC stands filed. Since the suit
is one for injunction only, requirement for statutory notice is
dispensed with considering the nature of averments taken.
Let summons be issued to the defendants on filing of
PF / RC / through all prescribed modes, including electronically,
returnable for NDOH.
Ld. Counsel for the plaintiff has sought restraining
orders on any kind of construction activity to be undertaken by
defendant no. 1 till NDOH. The grievance of the plaintiff, as has
been stated in para no. 13 of the plaint, commenced in September
– October 2025 and since then, considerable time has passed.
During this period, as per the pleadings themselves, installation
of new gates has already taken place in terms of para nos. 14 and
15 of the plaint. Moreover, as pleaded in para no. 20 of the plaint,
upon being queried about, defendant no. 1 had informed taking
permission from DDA and Local MLA for undertaking the
construction work. DDA is not a party as of now and with
regards permission to Local MLA, some RTI reply documents
have been shown during the hearing, which do not clearly bar
work to be undertaken through the MLA funds. Moreover,
situational details with regards the plaintiff market and individual
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shops is not as distinctly clear from the documents / photographs
filed so as to ascertain with precision as to how and under what
circumstances, the alleged construction activity is prejudicing the
plaintiff association as a whole, and not some of the shop owners
only.
The matter is being accomodated at the shortest
possible date for next working day. In view of the same, for now,
this court is not convinced to pass ex parte ad interim injunction
order. Request in that regard is declined for now.
Having said so, it is made clear that if for any reason
whatsoever the defendants do not appear on NDOH, appropriate
orders shall be passed without any accomodation.
Re-list on 06.03.2026.
Copy of the summons be given dasti, as prayed.
Order dasti.
(Gaurav Sharma)
JSCC-cum-ASCJ-cum-Guardian Judge
North West/Rohini Courts/Delhi
28.02.2026
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