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[Cites 3, Cited by 0]

Delhi High Court - Orders

Neelam vs Ratan Singh Solanki & Ors on 10 April, 2024

Author: Neena Bansal Krishna

Bench: Neena Bansal Krishna

                                    $~21
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           I.P.A. 2/2019, I.A. 4369/2019

                                                NEELAM                                                                            ..... Petitioner
                                                                                      Through:                Ms. K.B. Hina and Mr. Sunil Kadian,
                                                                                                              Advocates.

                                                                                      versus

                                                RATAN SINGH SOLANKI & ORS.                 ..... Respondents
                                                              Through: Mr. Shubham Seth and Ms. Mrinal
                                                                         Chaudhary, Advocates for D1 & D9
                                                                         to D13.
                                                                         Mr. S.C. Sagar and Ms. Swati,
                                                                         Advocates for D2.
                                                CORAM:
                                                HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
                                                              ORDER

% 10.04.2024 I.A. 8643/2019 (under Section 151 CPC filed on behalf of the defendant No. 1 for stopping the constructions being carried on by the plaintiff)

1. The application under Section 151 CPC has been filed on behalf of the defendant No. 1 for stopping the construction being carried on by the defendant.

2. The application has become infructuous and is accordingly disposed of.

I.A. 1464/2021 (under Section 151 CPC read with Section 94(E) of CPC filed on behalf of the defendant No. 1 for seeking the permission to carry out the repair work in the Suit property being in his possession), I.A. 3000/2021 (under Section 151 CPC filed on behalf of the plaintiff seeking directions to the defendant No. 1 to stop the construction work immediately over the Suit property), I.A. 4078/2021 (under Section 151 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2024 at 23:42:12 CPC read with Section 94(E) of CPC filed on behalf of the defendant No. 2 for seeking the permission to carry out the repair wok of boundary wall of property bearing Khasra No. 58/3/2 vide Khata No. 121/4, Area measuring 600 sq. yards situated at Village Palam, Delhi i.e.Suit property being in his possession since 1982 till date)

3. The application being I.A. 1464/2021 under Section 151 CPC read with Section 94(E) of CPC has been filed on behalf of the defendant No. 1 seeking the permission to carry out the repair work in the Suit property being in his possession.

4. The application being I.A. 3000/2021 under Section 151 CPC has been filed on behalf of the plaintiff seeking directions to the defendant No. 1 to stop the construction work immediately over the Suit property.

5. The application being I.A. 4078/2021 under Section 151 CPC read with Section 94(E) of CPC has been filed on behalf of the defendant No. 2 seeking the permission to carry out the repair work of boundary wall of property bearing Khasra No. 58/3/2 vide Khata No. 121/4, Area measuring 600 sq. yards situated at Village Palam, Delhi i.e. Suit property being in his possession since 1982 till date.

6. The afore-mentioned applications have become infructuous and are accordingly disposed of.

I.A. 5921/2021 (under Section 151 CPC filed on behalf of the R3 and R5 for issuance of directions against the respondent No. 1 Sh. Ratan Singh and Respondent No. 2 Randhir Singh Solanki thereby restraining the respondent No. 1 and 2 from raising the further construction in the Suit property)

7. The application under Section 151 CPC has been filed on behalf of the respondent and respondent No. 5 for issuance of directions against the respondent No. 1 Sh. Ratan Singh and respondent No. 2 Sh. Randhir Singh This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2024 at 23:42:12 Solanki thereby restraining the respondent Nos. 1 and 2 from raising the further construction in the Suit property.

8. The application is permitted to be withdrawn as infructuous and accordingly disposed of.

I.A. 3203/2022 (under Order XXXIX Rule 2A read with Section 151 CPC filed on behalf of the plaintiff seeking directions/initiating contempt of court proceedings against the defendant No. 1 for disobedience of the Order dated 06.08.2019 and 06.02.2020 and to transfer suit property/interest to third party)

9. The application under Order XXXIX Rule 2A read with Section 151 CPC filed on behalf of the plaintiff seeking directions/initiating Contempt of Court proceedings against the defendant No. 1 for disobedience of the Order dated 06.08.2019 and 06.02.2020 and to transfer Suit property/interest to third party.

10. The application has also become infructuous and is disposed of accordingly.

I.P.A. 2/2019

11. Learned counsel for the respondent No. 1 is in personal difficulty and seeks adjournment.

12. Learned counsel for the respondent No. 1 submits that he has obtained the Report of financial status and he would share it with the respondent No. 2 and the petitioner, if he so desires.

13. Be listed for arguments on 13.11.2024.

NEENA BANSAL KRISHNA, J APRIL 10, 2024/RS This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2024 at 23:42:13