Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: 12
CS SCJ 1555/23
PREM WATI Vs. ANUJ CHAUHAN @ ANU
20.09.2024
Present : Sh. Jagdish Diwakar, Ld. Counsel for plaintiff with
plaintiff.
Sh. Sparsh Bagga, Ld. Counsel for defendant no.1 & 4
through VC.
Sh. Tushar Ahuja, Ld. Counsel for defendant no.6/
MCD.
Submissions on the applications heard.
Put up for orders at 4 p.m.
(NEHA MITTAL)
JSCC-cum-ASCJ-cum-GJ
North-West, Rohini Courts
Delhi/20.09.2024
At 4 p.m.
Present : None.
1. Vide this order, application under Section 151 CPC
seeking permission to repair the suit property and application
under Section 11/12 of Contempt of Court Act for initiating
contempt proceeding against defendant no.1 and 2 both filed by
the plaintiff, shall be disposed off.
2. The application under Section 11/12 of Contempt of
Court Act has been filed with the averment that the defendant
no.1 and 2 have violated the order dated 08.11.2023 and
08.08.2024 passed by this court as on 29.08.2024, they have put
huge building material on the roof of the suit property.
3. Status report in response to the said application has
been filed by the MCD on 17.09.2024 stating that as per
inspection dated 11.09.2024, neither any fresh construction nor
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any building material was found at the suit property. It is further
stated that the suit property has been constructed as per the
standard sanctioned building plan permissible by DUSIB.
However, the plaintiff has averred in the application that she has
CCTV footage of the said incident which is stated to have been
annexed with the application but record shows that no such
CCTV footage has been placed on record. In view thereof, one
opportunity is given to the plaintiff to lead evidence on the
present application.
4. The plaintiff has also filed an application under
Section 151 CPC for permission to repair the suit property. Same
is strongly opposed by counsel for defendants who has stated that
the suit property is inhabitable and needs to be demolished.
Perusal of record shows that the defendants have already
admitted the possession of the plaintiff in the suit property. The
fact that the suit property needs immediate repairs has not been
denied by the defendants. Thus, keeping in view the admitted
possession of the plaintiff over the suit property, interest of
justice requires that the plaintiff be allowed to repair the suit
property as per law. It is made clear that the plaintiff is not
allowed to raise any fresh construction but is only permitted to
carry out repairs. Application under Section 151 CPC stands
disposed off.
Put up on date already fixed i.e. 12.11.2024.
(NEHA MITTAL)
JSCC-cum-ASCJ-cum-GJ
North-West, Rohini Courts
Delhi/20.09.2024
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