Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 18 CS DJ 427/24
Ashok Kumar Vs. Tulsi Ram
20.07.2024
Present: Sh. Narender Singh & Ms. Khushbu Devi, ld.
counsel for plaintiff alongwith plaintiff in person.
Sh. D.N. Pandey, ld. Counsel for defendant
alongwith defendant in person.
At this stage, WS is filed alongwith vakalatnama.
Same is stated to have been filed electronically also on
07.07.2024.
At this stage, it is submitted by ld. Counsel for
defendant that there has been a delay of seven days in filing the
WS and he has requested for condoning the said delay citing the
personal difficulty. Same is not opposed by ld. counsel for
plaintiff.
Heard. Perused.
In view of the no objection of the ld. Counsel for
the plaintiff, and further in view of fact that the provisions of
Order 8 rule 1 CPC being in the domain of a procedural law
should be liberally construed and also considering the fact the
delay is of seven days only and further for the grounds stated by
the ld. Counsel for defendant, the delay in filing the WS is
hereby condoned. Let the WS be taken on record alongwith the
reply to the application of the plaintiff under Order 39 Rule 1 &
2 CPC. Replication, if any, be filed within four weeks with an
advance copy to the opposite party at least 10 days prior to the
next date of hearing.
At this stage, arguments advanced on pending
application under Order XXXIX Rules 1 & 2 CPC.
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Heard.
During the course of arguments, ld. counsel for
defendant submits that defendant shall not transfer, hand over
the possession except to the plaintiff or create any third party
interest in the suit premises or take over possession of any other
room or rooms or portion of first floor of the house bearing
no.3852, G.T. Road, Near Kali Temple, Sarai Phoos, Tis Hazari,
Delhi 110054, as shown in the site plan till the disposal of the
present suit. Let the statement of the defendant be recorded in
this regard.
Statement of the defendant has been recorded
separately.
At this stage, ld. Counsel for plaintiff also submits
that plaintiff shall not allinate or create any third party interest
in the suit premises bearing no.3852, G.T. Road, Near Kali
Temple, Sarai Phoos, Tis Hazari, Delhi 110054, as shown in the
site plan till the disposal of the present suit. Let the statement of
the plaintiff be recorded in this regard.
Statement of the plaintiff has been recorded
separately.
In view of statements of plaintiff as well as
defendant recorded separately, defendant is hereby restrained
from transferring, handing over the possession except to the
plaintiff or creating any third party interest in the suit premises
or taking over possession of any other room or rooms or portion
of first floor of the house bearing no.3852, G.T. Road, Near Kali
Temple, Sarai Phoos, Tis Hazari, Delhi 110054, as shown in the
site plan till the disposal of the present suit. Plaintiff shall also
remain bound by his statement. Application under Order 39
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Rule 1& 2 r/w Sec.151 CPC stands disposed of accordingly.
Now to come up for completion of pleadings,
admission/denial of documents and framing of issues on
21.10.2024. Let proposed issues, if any as well as affidavit with
respect to admission/denial of documents be filed with advance
copy to the opposite party at least a week prior to next date of
hearing. Parties are directed to bring originals of the documents
which they have relied upon in support of their claim or defence
and have filed alongwith pleadings.
(NEERAJ SHARMA)
District Judge-04, Central
Tis Hazari Courts, Delhi
20.07.2024
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