KAUSHAL RAJ vs ASHOK KUMAR AND ORS

Judgment text excerpt

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 21st April, 2025 + CM(M) 701/2025 & CM APPL. 22650/2025 KAUSHAL RAJ .....Petitioner Through: Mr. N.K. Aggarwal with Ms.Sanjana Antil and Mr. Anmol Chauhan, Advocates. versus ASHOK KUMAR AND ORS .....Respondents Through: Mr. Sachin Narwal, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner Mr. Kaushal Raj had filed a suit against four defendants. 2. During pendency of the suit, one application was filed by plaintiff/petitioner under Order XXXIX Rule 2A CPC. 3. The grievance of the plaintiff/petitioner was that despite a clear-cut order passed by the learned Trial Court on 31.10.2022, whereby, the defendants had been directed to remove one CCTV Camera which had been installed by them pointing towards the entry gate of the plaintiff/petitioner, such direction was not complied with. 4. The abovesaid application was taken up by the learned Trial court on 07.11.2024 and at that time, defendant No.1 - Ashok Kumar and defendant No.2 – his wife Smt. Kailash were present in Court. While allowing the abovesaid application moved by the plaintiff under Order XXXIX Rule 2A CPC, the learned Trial Court remanded defendant No.1 and 2 to civil prison Signature Not Verified Digitally Signed CM(M) 701/2025 1 By:SONIA THAPLIYAL Signing Date:22.04.2025 16:01:59 for a period of ten days and, simultaneously, warrants of arrest were directed to be issued against the other two defendants i.e. Mr. Vinay and Mr. Yogesh with a clear directive that they be also remanded to civil prison for a period of ten days. There was also a further direction to remove such camera. 5. Quite evidently, defendant Nos.1 and 2 were taken into custody, then and there, and were sent to civil imprisonment. 6. Fact remain