MAJOR SAUMITRA SARKAR Vs. SHIKHA CHAKRABORTY

JUDGEMENT

(1.) By this order I am disposing of two applications. First is the application filed by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) being I.A. No. 758/2016, by which plaintiff has prayed for interim orders pendente lite that defendants should not interfere in the construction being made by the plaintiff on the terrace floor/third floor of the property bearing no.I/1782, Chittranjan Park, New Delhi. The second application which is being disposed of is the I.A. No.3670/2016 filed by defendant nos. 1, 2, 4 and 6 for vacation of the interim Order passed in favour of the plaintiff by this Court on 25.2.2016 in I.A. No.758/2016 of the plaintiff.

(2.) On 18.1.2016, and 25.2.2016, this Court passed the following orders: -

(3.) The issue before this Court is of allowing or dismissing the application of the plaintiff under Order XXXIX Rules 1 and 2 CPC, and the consequence of which will be automatic disposal of the application under Order XXXIX Rule 4 CPC filed by defendant nos. 1, 2, 4 and 6.