Interim Order 7

Order Details: COPY OF ORDER
Pdf Text: 11 MCA DJ No. 20/26
Pradeep Kumar Vs. Ajay Kumar
31.07.2026
Present: Sh. Imran Ali and Ms. Aanchal Bumb, Ld. Counsels
for appellant.
Sh. Vinay Gupta, Ld. Counsel for respondent no.1
Ajay Kumar alongwith respondent no.1.
None for respondent no.2 Rajeev Kumar.
Respondent no.4 Sanjay Kumar in person for
himself as well as for respondent no.3 Manoj
Kumar.
Clarifications taken in terms of order dated
06.07.2026. Both the parties fairly concede that the suit property
is situated within the jurisdiction of Central District; however, the
impugned judgment dated 12.02.2026 has been passed by Ld.
Civil Judge, West District.
It is further jointly submitted by the parties that the
suit was initially filed in the year 2005 before the bifurcation of
the districts and the ex-parte judgment was also passed in the
2012 against which application under Order IX Rule 13 CPC was
filed in the year 2021. It is submitted that application under Order
IX Rule 13 CPC had to be filed in the same Court which passed
the ex-parte judgment, which at that time was the Court of Civil
Judge, West District after bifurcation of districts.
Ld. Counsel for appellant has placed on record the
screenshot of one filing report reflecting that the appeal was first
filed in the West District only, but an objection was raised that no
address pertaining to West District Found. The document is taken
on record and marked as Mark X1 for future reference.
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He has also placed on record an order showing the
execution proceedings are going on in the Central District itself.
Be taken on record. The order filed is marked as Mark X2 for
future reference.
Put up for consideration/appropriate orders on
13.08.2026.
(Sumeet Anand)
District Judge-11/Central/THC
31.07.2026(s)
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