Full Order Text
Order 9 · 01 Apr 2025 · CNR DLCT010088922024
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS DJ 577/24 Babu Lal Vs. Ram Dayal Kapar 01.04.2025 Present : Sh. K.D. Sharma, Ld. Counsel for plaintiff. Sh. Akash Jain, Ld. counsel for the defendant no. 1. Defendant no. 2 is already ex parte. Affidavit with respect to the admission denial of documents filed on behalf of the plaintiff. Copy supplied. Ld. Counsel for the defendant seeks one week time to file affidavit with respect to the admission denial of documents. Let the same be filed. Copy be supplied. Ld. Counsel for the plaintiff presses his application under order 39 rule 1 and 2 CPC at this stage. Arguments heard on the application under order 39 rule 1 and 2 CPC. During the course of the arguments, it is submitted by the Ld. Counsel for the defendant no. 1 that the defendant will not part with / transfer / sell the suit property comprising of property one room being part of property Municipal No. 2526-2528, Ward No. XIII, situated at Mahavir Bazar, Teliwara, Sadar Bazar, Delhi. It is further stated that the defendant no. 1 will not create any third party interest in the above mentioned suit property till the final disposal of the present suit. Ld. Counsel for the plaintiff submitted that his application under Order 39 rule 1 and 2 CPC be disposed of on the basis of the above submissions made by the Ld. Counsel for the defendant no. 1. -- 1 of 2 -- 2 In view of the submissions of the Ld. Counsel for the defendant no. 1, defendant no. 1 is restrained from creating any third party right or interest with respect to the suit property comprising of property one room being part of property Municipal No. 2526-2528, Ward No. XIII, situated at Mahavir Bazar, Teliwara, Sadar Bazar, Delhi. Defendant no. 1 is also restrained from parting with / transferring / selling the suit property till the final disposal of the present suit. Hence, the above said application under Order 39 rule 1 and 2 CPC is hereby stands disposed of accordingly, however, nothing expressed herein shall tantamount to any expression on the merits of the case. At this stage, both the Ld. Counsels submitted that the parties ready to settle the matter by way of mediation. Hence, it is requested by them to refer the present matter before the mediation centre for exploring the possibilities of an amicable settlement. Heard. At joint request, matter is referred to mediation centre for tomorrow i.e. 02.04.2025 at 12.30 p.m. and before this court for report on compromise if any on 14.05.2025. In case of the no settlement, defendant no. 1 is directed to file affidavit with respect to the admission denial of documents / framing of issues. (VANDANA) DJ-08 : CENTRAL DISTRICT TIS HAZARI COURTS : DELHI 01.04.2025 -- 2 of 2 --