Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 563/26
DHRUV KUMAR GOEL
Vs.
SHRI HANUMAN MANDIR SABHATHROUGH ITS
PRESIDENT
30.04.2026
Fresh suit received from filing counter. It be checked and
registered as per rules.
Present: Mr. Amit, Ld. Counsel for the plaintiffs.
Heard. Record perused.
Application under Section 91 CPC also considered.
Para no. 9 of order dated 14.09.2023 passed by the Ld. Court
concerned in CS SCJ 853/23 is clear where it was provided that
no fresh construction, either independently or under the garb of
repair or renovation shall be undertaken at the vacant temple site
without proper permission from DDA / Authorities concerned.
The order also noted that in case the same is done, the plaintiff
would be well within its rights to avail remedies as per law. In the
present suit, it has been contended that without obtaining any
permission, fresh construction activity is being undertaken in an
unauthorized manner. The plaintiff herein was the plaintiff in the
earlier suit proceedings as well. The remaining two plaintiffs are
also stated to be residents of the same locality, regularly visiting
the temple in question, apart from being members of Harsh Vihar
Coperative Society. Section 91 provides for filing of proceedings
on the basis of real or anticipated public nuisance, which given
the facts before the court, more particularly in view of order
dated 14.09.2023, as noted above, is prima facie made out.
In view of the above, leave under Section 91 CPC is
granted.
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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 / Speed Post / through all prescribed modes, including
electronically, returnable for NDOH.
Re-list on 11.05.2026.
Summons be given dasti as well.
(Gaurav Sharma)
JSCC-cum-ASCJ-cum-Guardian Judge
North West/Rohini Courts/Delhi
30.04.2026
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