RITU PAHWA vs PAYAL KASHYAP & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 05 December 2024 Judgment pronounced on: 27 January 2025 + FAO 363/2024, CM APPL. 68025/2024 (stay of order dated 14.11.2024) RITU PAHWA .....Appellant Through: Mr. Shekhar Gupta, Mr. Arav Kapoor & Mr. Shashank Upadhyay, Advs. versus PAYAL KASHYAP & ANR. .....Respondents Through: Mr. Vikas Singh, Sr. Advocate with Mr. Vikar Arora, Mr. Abhay, Mr. Deepak Kalia, Ms. Vasudha Singh and Mr. Sandeep Chandra, Advocates for R-1. Mr. Tushar Sannu, SC for R-2/MCD. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. This appeal has been preferred under Order XLIII Rule 1 (r) of the Code of Civil Procedure, 1908 [“CPC”], against the order dated 14.11.2024, passed by the learned District Judge-03, Patiala House Signature Not Verified Digitally Signed FAO 363/2024 Page 1 of 10 By:SUNITA KUMARI Signing Date:27.01.2025 17:42:30 Court, New Delhi in CS No. 227/2024 titled as “Ritu Pahwa Vs. Payal Kashyap & Anr.”, whereby, interim application filed by the appellant under Order 39 Rule 1 & 2 CPC, seeking interim injunction against defendant No. 1 from carrying out the construction of lift in the vicinity of the premises of the appellant i.e. Flat No. 70, Munirka Enclave, Delhi was dismissed and ex-parte ad-interim injunction operating earlier was vacated. 2. Delhi Development Authority [“DDA”] approved a Policy for obtaining permission/NOC for installation of lifts in Co-operative Group Housing Societies and Flats built by DDA. In terms of the said policy, Municipal Corporation of Delhi [“MCD”] issued an Office Order dated 07.07.2022, devising a procedure for according such permission. As per said procedure, NOC/permission for flats in respect of de-notified areas shall be granted by the MCD, whereas