SHIELA SETHI Vs. MOHAMMAD NASEEM

JUDGEMENT

(1.) . As. 3723/86 & 4465/86

(2.) The plaintiff has filed the present suit for permanent injunction praying that defendants 1 and 2 be restrained from carrying out any construction on the plot bearing No.A-197, New Friends Colony, New Delhi. In the amended plaint, further prayer has been made that defendants 1 and 2 be restrained from occupying the building raised on the said plot and the plaintiff be allowed to occupy the same. Alongwith the suit the plaintiff filed an application being I.A. No. 373/86 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure praying for an interim injunction restraining defendants 1 and 2 from carrying on any construction on the said plot. An ex parte interim order was passed on the said application.

(3.) On 30th May, 1986 restraining the said defendants from carrying on any construc- tion activity on the plot inquestion. Soon thereafter the plaintiff filed nother application under Order 39 Rules 1 and 2 being I.A. 4465/86 praying that defendants 1 and 2 be restrained from occupying the structure existing on the said plot. On the said application, an ex parte interim order was passed on 6th August,1986 restraining the defendants 1 and 2 from occupying the whole or any part of the structure on plot No.A-197, New Friends Colony, New Delhi. The said ex parte order was modified on 11th August,1986 and defendants 1 and 2 were permitted to carry on the construction on the ground floor of the said plot but the said defendants were restrained from starting construction above it. The said defendants were further restrained from physically occupying the property and from handing over possession thereof to any one else. These orders have been continuing since then. Defendants 1 and 2 have been pressing that in view of the fact that ground floor has already been fully constructed on the said plot totally at their cost, they should be permitted to occupy the same. They have stated at the bar that they will occupy the ground floor only after obtaining the completion certificate and secondly they have agreed not to induct any one else in the said property or to part with possession thereof in any manner. I find from the order sheet that attempts have been made earlier to arrive at at least a working arrangement regarding occupation of the ground floor portion constructed on the said plot during the pendency of the suit. However, no agreed arrangement has been possible. Therefore, I have heard the counsel for the parties on these applications and I propose to dispose of the same by this order.