LOVELEEN GUPTA Vs. RAM PRATAP SINGHAL

JUDGEMENT

(1.) The two plaintiffs namely Loveleen Gupta and Sangeeta Goyal have instituted this suit for (i) permanent injunction to restrain the defendants No.1 & 2 Ram Pratap Singhal and Vinod Singhal from making unauthorised construction over Property No.F-107, Ashok Vihar, Phase-I, Delhi and from causing any damage to the property; and, (ii) mandatory injunction directing the defendant No.3 Municipal Corporation of North Delhi (NrDMC) to demolish the illegal and unauthorised construction already raised by the defendants No.1&2 on the ground floor (back portion) and first floor there above of the said property.

(2.) The suit has been languishing in this Court since 2 nd February, 2016, vide ex-parte order of which date, the defendants No.1&2 were restrained from carrying out construction work causing nuisance or noise, only between 8 PM and 8 AM and which order continues to be in force. Issues even have not been framed in the suit as yet.

(3.) The Chamber Appeal being OA No.145/2019 preferred by the defendants No.1&2 against the order dated 26th September, 2019 of the Joint Registrar dismissing IA No.109/2019 of the defendants No.1&2 for condonation of delay in filing written statement to the amended plaint came up before this Court on 27th November, 2019, when though the counsel for the plaintiffs did not appear but on going through the file it was felt that no trial is necessary in the present suit and the same can be disposed of immediately. The matter was accordingly ordered to be posted on 19th December, 2019 on which date the matter was adjourned for today.