NIHARIKA GHOSH @ NIHARIKA KUNDU vs SHANKAR GHOSH & ANR.

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 2nd April, 2025 + CM(M) 431/2023, CM APPL. 60590/2023 & CM APPL. 12288/2024 NIHARIKA GHOSH @ NIHARIKA KUNDU .....Petitioner Through: Mr. O.P. Gulabani, Advocate along with petitioner in person. versus SHANKAR GHOSH & ANR. .....Respondent Through: Mr. Gobind Malhotra, Mr. Gurpreet Singh and Ms. Namrata Malhotra, Advocates for R-1. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner has filed a suit for permanent and mandatory injunction against her husband and mother-in-law (respondents herein). 2. The relief sought in such suit is, merely, with respect to direction for restraining them from keeping and feeding stray/street dogs in the property in question where she herself is also, reportedly, residing. 3. Admittedly, the plaintiff is residing at first floor and defendants reside at ground floor of same property i.e. 62-D, Humayunpur, Safdarjung Enclave, New Delhi. 4. During pendency of the abovesaid suit, the plaintiff had moved an application under Order XXXIX Rule 1 and 2 CPC seeking interim injunction and such application was dismissed by the learned Trial Court vide order Signature Not Verified Digitally Signed CM(M) 431/2023 1 By:SONIA THAPLIYAL Signing Date:03.04.2025 18:37:16 18.04.2022. 5. Feeling aggrieved, the plaintiff filed an appeal and such appeal was also dismissed by the Court of learned Senior Civil Judge on 07.02.2023. 6. Such order is under challenge in the present petition. 7. However, thereafter, there is subsequent development in the matter, as on the basis one more application filed by the plaintiff under Order XXXIX Rule 1 and 2 CPC, the learned Trial Court vide order dated 16.11.2023 has granted some respite to the plaintiff, by directing as under:- “9. In