Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS No. 7/23
Sanjay Vs Devender
02.05.2023
Present: Sh. Ashutosh Saini Ld Counsel for plaintiff.
Sh. Vipin Ritori Ld Counsel for defendant.
Ld Counsel for defendant seeks pass over to file vakalatnama since the
defendant is on the way.
It is seen that the summons sent to the defendant has been received
back as served on 21.03.2023.
Be awaited.
(Ajay Gulati II)
ADJ-01 (Central)
THC, Delhi/02.05.2023
At 11:05 AM.
Present: Sh. Ashutosh Saini Ld Counsel for plaintiff a/w plaintiff in person.
Sh. Vipin Ritori Ld Counsel for defendant a/w defendant in person.
Ld Counsel for defendant has filed vakalatnama and seeks time to file
WS.
Ld Counsel for defendant submits that as per the documents received,
it is seen that the plaint and documents are comprising in 40 pages whereas the
defendant has received only 34 pages.
In view of the same, plaintiff is directed to supply complete set of
plaint and documents afresh against due acknowledgement within one week from
today to the Ld Counsel for defendant.
WS, if any, be filed within 30 days from the date of the receipt of the
documents with advance copy to the other side.
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Replication, if any, be filed on or before NDOH with advance copy to
the opposite side.
At this stage, Ld Counsel for plaintiff has pressed his application u/o
XXXIX Rule 1 & 2 CPC.
Ld Counsel for defendant, on instructions of the defendant, submits
that the defendant is in exclusive possession of the suit property and has no
intention to sell or create any 3rd party interest in the suit property in during the
pendency of the suit.
Separate statement of the defendant has been recorded in this regard.
He is bound by the statement.
In view of the same, the application under Order XXXIX Rule 1 & 2
CPC filed by plaintiff is allowed.
Defendant is restrained from selling, parting or creating 3rd party
interest in any manner whatsoever in respect of the suit property i.e. Khasra
no 21/22/1 situated in the area of village Burari, Delhi abadi known as B-Block
Kaushik Enclave Burari, Delhi-110084 during the pendency of the suit.
Application under Order XXXIX Rule 1 & 2 CPC is disposed of
accordingly.
Parties are directed to file affidavit of admission-denial of documents
with advance copy to each other.
List for completion of pleading, admission-denial of documents and
framing of issues on 04.09.2023.
(Ajay Gulati II)
ADJ-01 (Central)
THC, Delhi/02.05.2023
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