MONIKA JUNEJA vs MUNICIPAL CORPORATION OF DELHI & ORS.

Judgment text excerpt

$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 30th July, 2025 + CM(M) 1392/2025 & CM APPL. 45828/2025 MONIKA JUNEJA .....Petitioner Through: Mr. Lalit Valecha, Advocate. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondent Through: Mr. Tushar Sannu, Standing Counsel with Mr. Shivam, Advocate. Mr. Anupam Srivastav, Sr. Advocate with Mr. Rishikesh Kumar, Advocates for R-4. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is plaintiff before the learned Trial Court and has filed a suit for injunction. 2. When the abovesaid suit was taken up by the learned Trial Court on 27.07.2024, it declined to grant any “ad-interim injunction”. 3. Such order was assailed by the plaintiff by filing an appeal, which was registered as MCA DJ 22/2024. 4. The learned First Appellate Court has also disposed of the abovesaid appeal vide order dated 10.07.2025. 5. Such order is under challenge. 6. Fact, however, remains that substantive application moved by the plaintiff under Order XXXIX Rule 1 and 2 CPC is still pending adjudication before the learned Trial Court. Signature Not Verified Digitally Signed CM(M) 1392/2025 1 By:SONIA THAPLIYAL Signing Date:01.08.2025 11:09:11 7. The learned Appellate Court has also permitted the plaintiff to produce additional material before the learned Trial Court and to re-agitate the issue of illegal construction on third floor while considering her application moved under Order XXXIX Rule 1 and 2 CPC. 8. It is apprised that the next date before the learned Trial Court is 26.08.2025 for consideration of such application. 9. Since the learned Trial Court had, merely, declined to grant any ad-interim injunction, the plaintiff can always make arguments afresh on his substantive injunction application and the