Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 1
CS SCJ 939/23
MAMTA DEVI Vs. RAKHI
22.01.2025
Present: Ms. Dolly Verma, Ld. Counsel for plaintiff.
Ms. Ekta, Ld. Counsel for plaintiff.
None for defendant.
Perusal of record reveals that defendant has been duly
served in the present matter on 08.07.2024. Affidavit with regard to
mobile number of defendant is already on record.
In view of the same, the defendants are proceeded ex-parte.
Today, the matter is at the stage of PE.
Ld. Counsel for plaintiff has pressed for deciding the
application u/O 39 Rules 1 and 2 CPC.
Ld. Counsel for plaintiff submits that the defendants and
their associates are giving threats to the plaintiff. She further submits
that there is wedding in the family of the plaintiff on 02.02.2025 and
08.02.2025. She further submits that the defendants and their associates
should be restrained from entering in the suit property i.e. D-169, Karan
Vihar, Part-V, Kirari, Delhi-110086 and should also be restrained from
dispossessing the plaintiff from the suit property till final disposal of the
suit.
Heard. Record persued.
-- 1 of 2 --
2
On the basis of materail available on record i.e. Aadhar card
of the plaintiff, complaints made to police, prima facies, it appears that
there is threat of the plaintiff being dispossessed from the suit property.
In view of the same, this court is of the opinion that there is sufficient
ground to grant ex-parte injunction in the present matter.
Further, the defendants have also been granted sufficient
opportunity to appear before the court and file WS and reply to the
present application. However, despite service the defenadnts are not
appearing in the present matter.
In view of the above discussion, ex-parte injunction is
passed in favour of the plaintiff and against the defendants till further
orders of this court. The defendants, their associates, agents are
restrained from entering into the suit property bearing No.D-169, Karan
Vihar, Part-5, Kirari, Delhi-110086 and are further restrained from
forcibly dispossessing the plaintiff from the suit property till further
orders of this court.
The application u/O 39 Rules 1 and 2 CPC is disposed off
as allowed to the extent of the above terms.
Ld. Counsel for plaintiff seeks an opportunity to file
additional documents on behalf of the plaintiff. Since matter is at its
preliminary stage, the plaintiff is allowed to file additional documents.
Let the same be filed on the NDOH.
List the matter for PE on 16.04.2025. Copy of the order be
given dasti, as prayed.
(Arjun Kirar)
Civil Judge-N/W District
Rohini Courts/22.01.2025
-- 2 of 2 --