Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: SCJ NO. 910/24
MUNISH BANSAL VS. DR. RAJIV BAJAJ
08.08.2024
Present : Sh. Anil Kumar, Ld. Counsel for the plaintiff with
plaintiff.
Sh. Kamal Mehta, Ld. Counsel for the defendant with
defendant.
Sh. Ashutosh Gupta, Ld. Counsel for DDA through VC.
WS filed by defendant no. 1. Same is taken on record.
Matter is fixed for report of DDA. Ld counsel for DDA
submits that he will file a detailed report during the course of the day.
In the meanwhile, he submits that they have already issued a show
cause notice to the defendant for raising unlawful construction and
making material alteration to his property without any sanction from
DDA.
At this stage, ld counsel for the defendant submits that
defendant is willing to give a statement that he will not install any lift in
the subject premises without availing proper sanction from DDA and
therefore no cause of action remains to proceed with the present suit.
Per contra, ld counsel for the plaintiff submits that the
defendant is also required to remove all construction raised on his roof
for installing the lift.
In view of the submissions made, application under Order
39 rule 1 and 2 CPC filed by the plaintiff is decided as follows:-
a) Defendant is restrained from installing any lift upon the suit property
till proper sanction in this regard is received from competent authority
or till the disposal of the suit, which ever is earlier.
b) Further, defendant is directed to maintain status quo in regards to the
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construction raised for installation of the lift till proper sanction for
installation of lift is received from competent authority or till the
disposal of the suit, which ever is earlier.
Since the urgent application of the plaintiff has now been
decided, file be sent back to the court of Ld. SCJ, NW District for
further proceedings.
Parties to appear before the said court on 05.11.2024.
(Amardeep Kaur)
ACJ/ARC (NW), Link for SCJ, NW
Rohini Courts, Delhi/18.07.2024
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