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2023 Supreme(Del) 5738

NEENA BANSAL KRISHNA
Seth Surjamull & Seth Babulal Dharmada And Dharmik Trust – Appellant
Versus
Ram Gopal & Sons – Respondent


Advocates appeared:
Mr. Raman Kapur, Sr. Advocate with Mr. Anand M. Mishra, Advocate, for the Appellant; Mr. Rahul Malhotra & Ms. Shruti Gupta, Advocates for D-78. Mr. Anubhav Kumar, Advocate for D-99 to 102, 104, 106, 108, 111, 112, 117, 119, 120 & 121. Mr. Mukesh Gupta, Standing Counsel, MCD with Mr. Raghav Gupta & Mr. Ishant Sehrawat, Advocates for D-126/MCD. Mr. Kotla Harshvardhan, Advocate, for Private Defendants.

JUDGMENT

Neena Bansal Krishna, J. -

I.A. 7181/2017 (u/O XXXIX Rule 2A of CPC, 1908)

1. The present Application under Order XXXIX Rule 2(A) read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC, 1908") has been filed on behalf of the applicants/plaintiffs seeking initiation of contempt proceedings against the defendant Nos. 1 to 126 for willful disobedience of the Order dated 19.06.2017.

2. The plaintiffs had filed the Suit for Permanent and Mandatory Injunction on 19.06.2017 against 125 defendants who were the occupants of the suit property situated at Katra Dulia, Chandani Chowk, Delhi (hereinafter referred to as suit property) and the defendant No. 126/North Delhi Municipal Corporation (hereinafter referred to as "MCD").

3. It was asserted that the suit property commonly known as Katra Dulia was purchased by Seth Suraj Mal and Seth Babu Lal vide Sale Deed dated 22.03.1936. The suit property comprised of various shops. Thereafter, the plaintiff No. 1 Trust was constituted in respect of the suit property. The shops were occupied by the defendant Nos. 1 to 125.

4. On the night of 22.05.2017, a fire broke out in the suit property, apparently due to sho

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