Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 1470/24
AMARJIT KAUR VS. DELHI JAL BOARD
08.07.2025
Present: Husband of the plaintiff in person alongwith Ld.
Counsels Mr. Atul Sarin and Mr. Randhir Kumar.
Mr. Madan Mohan, ASO, on behalf of the defendant
/ DJB in person alongwith Ld. Counsel Mr. Vikas
Shokeen.
WS alongwith reply to the application under O 39 R
1 and 2 CPC filed. Taken on record. Copy supplied in Court
today.
On perusal of the case file, it is observed that the
present suit has been filed against DJB against alleged illegal
demand raised qua the water bill. In that regard however, one of
the reliefs sought for permanent injunction seeking to restrain the
DJB officials from altogether visiting the suit property in any
manner whatsoever looks suspect. Ld. Counsel is enquired about
the same. He states that the officials of the DJB as per the
plaintiff time and again come and threaten the plaintiff of dire
consequences. Such a prayer however has not been made and the
wording of the relief claimed is not in line with the pleadings. On
similar lines, application under O 39 R 1 and 2 CPC has also
been filed seeking to restrain the defendant from visiting the site
of the suit property altogether. Neither the main relief, in the
form so worded nor the one as claimed in the application for
interim relief are tenable.
In view of the above, prayer clause (a) is hereby
struck off from the pleadings and the application under O 39 R 1
and 2 CPC is also likewise dismissed.
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Needless to say, in case the DJB officials have to
visit the suit property for the purposes of meter reading or any
other connected matter, they are duty bound to act within the
confines of the law of the land. Any behaviour of the kind as
alleged may invite proceedings as per law as the plaintiff may
wish to pursue at the appropriate forum.
WS already stands filed.
Let replication, if any, be filed with an advance copy
to the defendant at least a week prior to NDOH.
Put up for completion of pleadings / framing of
issues on 17.10.2025.
(Gaurav Sharma)
JSCC-cum-ASCJ-cum-Guardian Judge
North West/Rohini Courts/Delhi
08.07.2025
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