Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS No. 1135/24
Irafunddin Vs Mirazuddin
10.07.2025
Present: Sh Sambhav Gupta Ld Counsel for plaintiff.
Ld Counsel for defendant.
WS alongwith an application u/o 8 Rule 1 CPC filed. Copy supplied.
In the application u/o 8 Rule 1 CPC, it is pleaded that since the parties
were negotiating a settlement who are brothers and sisters the WS within the stipulated
period of time could not be filed.
Ld counsel for the plaintiff submits that he has no objection in case the
delay is condoned however subject to cost.
Under the circumstances the present application u/o 8 Rule 1 CPC is
allowed subject to a cost of Rs 5,000/- to be paid to the plaintiff and the WS filed on
behalf of defendants no 1 to 10 is taken on record. Copy supplied.
Let a replication be filed and the parties are directed to file their respective
affidavit of admission denial of documents within 30 days.
Ld counsel appearing on behalf defendant no 1 to 10 submits that none of
the defendants are in process of selling, alienating, parting with possession or creating 3rd
party rights and interest in the suit property since defendant no 1 to 7 are residing in the
different portion of the suit property.
Keeping in view the fact that the defendants in their WS have pleaded an
oral gift and since the same is required to be proved in accordance with law, the
application under Order 39 Rule 1 & 2 CPC is allowed and the defendants are
restrained from selling, alienating, parting with possession or creat 3rd party rights
and interest in the suit property during the pendency of the present suit.
List for completion of pleadings, admission-denial of documents and
framing of issues on 09.09.2025.
(Sachin Sood)
DJ-01 (Central)
THC, Delhi/10.07.2025.
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