Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS DJ No. 749/25
LATA SHARMA Vs. VIJENDER KUMAR SHARMA AND ORS.
21.08.2025
Present : Sh. R. K. Pandey, Ld. Counsel for plaintiff.
Sh. Vivek Joshi, Ld. Counsel for defendant no. 1.
Sh. Ishan Jain, Ld. Counsel for defendants no. 2 and 3.
On the last date of hearing, summons were issued to all
three defendants. As per record, defendant no. 1 was served on
24.07.2025 whereas defendants no. 2 and 3 were served on
25.07.2025.
Vakalatnama filed on behalf defendant no. 1 and also on
behalf of defendants no. 2 and 3. The same is taken on record.
Ld. Counsel for the defendant no. 1 filed an application
under Section 148 & Order VI Rule 5 r/w Section 151 CPC, for
obtaining 41 pages i.e. pages no. 36, 37, 40, 42, 43, 51 to 60, 90, 91,
92, 115, 117, 133, 134, 222, 223, 229, 230, 245, 246, 248, 253 to 258,
263 to 266, 268 and 269 of the plaint and documents annexed to it as
they are not legible/readable.
Keeping in view the submissions and content of the
application, application under Section 148 & Order VI Rule 5 r/w
Section 151 CPC is hereby allowed. Plaintiff is directed to supply the
pages as mentioned in the application within 5 days from today.
Defendants no. 2 and 3 have filed two applications (i)
under Order VII Rule 11 CPC and (ii) under Order VI Rule 16 CPC.
Copy supplied.
Plaintiff is directed to file reply to the same in the Court
and supply the copy of the same to the other side atleast 15 days prior
to the next date of hearing.
Defendants are directed to file Written Statement within
30 days from today with advance copy to the opposite party.
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(2)
It is submitted by the Ld. Counsel for the plaintiff that
the suit property consists of five floors as mentioned in the site plan
at page no. 32 of the documents annexed with the plaint.
As such, issue court notice to the MCD for filing status
report regarding the current status of the suit property and for any
sanctioned plan taken prior to building up the suit property as well,
by the next date of hearing. Copy of the site plan annexed at page no.
32 of the documents annexed with the plaint, be attached with the
court notice.
Plaintiff and defendant no. 1 are directed to maintain
status quo in respect of the suit property till next date of hearing.
As such, be listed for further proceedings on 30.10.2025.
Date is given as per convenience of Ld. Counsel for the
parties.
(Sandeep Kumar Sharma)
DJ-02/CENTRAL/THC
DELHI-21.08.2025
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