Interim Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 12 CS DJ 1062/23
NEERAJ SAHU
Vs. M/S KHALIFA CONSTRUCTION PVT LTD
24.04.2025
Present: Sh. Milan, Ld Proxy counsel for Sh. Deepak Aggarwal,
Ld counsel for plaintiff.
Sh.Rajesh Singh, Ld Counsel for defendant no.1.
Sh. V.K. Mantoo, Ld Counsel for defendant no.2
(Through VC) .
Today matter is listed for admission/denial of the
documents .
At this stage, Ld. Proxy Counsel for plaintiff submits
that there are no documents filed either by defendant no1 or
defendant no. 2 and as such there is no requirement of filing of
admission/denial of the documents on behalf of plaintiff .
In view of the submissions, filing of affidavit of
admission/denial of the documents is hereby dispensed with.
Affidavit of admission/denial of the documents on
behalf of defendant no. 1 and 2 qua the documents of the
plaintiff are on record. Defendant no.1 has admitted the
following documents:
1. Copy of Sale deed dated 30.03.2012 bearing
registration no. 3113 in additional book no. 1 Vol. no.
4306, pages no. 1 to 13 before the concerned Sub-
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Registrar-II. The same is exhibited as Ex. P1.
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2. Copy of relevant record of ACR no. 34/2023, titled as
Neeraj Sahu Vs. Manmohan Kaur, the same is
exhibited as Ex. P2.
The following documents have been admitted by the
defendant no. 2 :-
1. Copy of Sale deed dated 30.03.2012 bearing
registration no. 3113 in additional book no. 1 Vol. no.
4306, pages no. 1 to 13 before the concerned Sub-
Registrar-II. The same is already exhibited as Ex. P1.
At this stage admission/denial stands concluded.
Pleadings are complete.
At this stage, on being specifically asked by the Court
that whether the parties are inclined to explore any alternate
mode of resolution as enumerated in Order 10 Rule 1 CPC, Ld.
Counsels for the parties submit that they are not inclined to opt
for any other modes of the ADR.
In view of the submissions, this Court proceeds to
frame the issues in the present matter.
From the pleadings of the parties following issues are
framed:-
1.
Whether the plaintiff is entitled for the
partition of the suit property bearing no.
4764-65 (old no. 2389), ward no. VI,
Phatak Rasheed Khan, Jogiwara, Nai
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Sadak, Delhi-6 , if yes, in what share? OPP
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2.
Whether the plaintiff is entitled for relief
of permanent injunction against the
defendants, restraining defendants from
transferring and creating any third party
right in the suit property ? OPP
3.
Whether there has been an oral agreement
dated 10.01.2013 between the parties?
OPD1
4.
Relief.
No other issue arises or pressed for.
Parties are directed to file List of witnesses within 15
days from today with advance copy to opposite party.
Plaintiff is directed to file evidence by way of affidavit
and to supply advance copy of the same to the opposite party at
least 10 days before the NDOH.
Now to come up for PE on 14.05.2025.
(NEERAJ SHARMA)
District Judge-04(Central)
Tis Hazari Courts Delhi
24.04.2025
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