MADAN LAL WADHWA Vs. GURPREET KAUR

JUDGEMENT

(1.) The petition at hand seeks to assail the order dated 29.09.2016 passed by the Civil Judge on the file of the civil suit (CS No.234/16) which was instituted by the first respondent (hereinafter referred to as, "the plaintiff") against the petitioner (hereinafter referred to as "the defendant") on 19.01.2015, seeking reliefs in the nature of permanent injunction. It may be mentioned here that the defendant (i.e. the petitioner herein), while contesting the said suit, had also submitted a counter-claim seeking, in turn, certain reliefs against the plaintiff (i.e. the respondent) also in the nature of injunction. While prosecuting the said counter-claim, he had moved an application under Order XI Rule 14 of the Code of Civil Procedure, 1908 (CPC) seeking certain facts to be discovered, inter alia, by serving interrogatories on the plaintiff and other parties, who are impleaded as defendants in the counter claim, they being Land and Development Office of the Government of India (L&DO) and Municipal Corporation of Delhi (MCD). The said application, however, was resisted both by the L&DO and the MCD and was dismissed by the Civil Judge by order dated 29.09.2016, the correctness, legality and propriety of which is questioned here.

(2.) The plaintiff and defendant have not engaged any counsel for these proceedings. While the plaintiff appears through his son, P.K. Wadhwa on the basis of power of attorney, the defendant (first respondent) chooses to represent herself in person.

(3.) The copies of the plaint, written statement and counter-claim have been perused with the assistance of both the above mentioned parties, and the learned counsel representing the L&DO and the MCD. It is noted that the dispute between the private parties relates to the use of a portion described as "common lavatory", statedly consisting of two latrines and two bathrooms which are located at the first floor abutting the quarter / tenement no.3/47, Double Storey Quarters, Jangpura Extension, New Delhi-110 014. As per the case of the plaintiff, her father Saranjit Singh was the original allottee of quarter / tenement no.3/47 which is known as "corner quarter". She relies on conveyance deed dated 18.05.1993 executed in favour of her father by the L&DO, it having been duly registered on 03.06.1993. She claims to be the present sole owner of the said property on the strength of gift deed executed and registered on 03.08.2012.