Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 28 CS SCJ 352/24
YOG RAJ KARWASRA Vs. MADHU AND ORS.
24.09.2024
Present: Sh. S.G. Asthana, Ld. counsel for plaintiff alongwith
plaintiff.
Ms. Manju Jain, Ld. counsel for defendants.
Ld. counsel for defendants states that the WS could
not be filed as the defendant no.4 is on the family way. She states
that the WS shall be filed within one month alongwith
application seeking condonation of delay.
Ld. counsel for plaintiff states that in the meanwhile,
the defendants be directed to not create third party interest in the
suit property and application U/O 39 Rule 1 and 2 CPC be
allowed till the next date. Same is opposed. It is stated on behalf
of the defendants that arguments on such application can only be
led after filing of the WS.
Considered.
As per record, the defendants were directed to file
WS within 30 days of the last date of hearing i.e. 03.09.2024 and
time was sought on behalf of the defendants to lead arguments on
the application U/O 39 Rule 1 and 2 CPC as legible copies were
not supplied to the defendants. It is not the case of the defendants
that legible copies have not been supplied. Moreover, reply to the
application U/O 39 Rule 1 and 2 CPC has also not been filed.
While the court is conscious of the reason stated on
behalf of the defendants that defendant no. 4 is on the family
way, the court has to ensure that no party unnecessarily suffers.
-- 1 of 2 --
-2-
Accordingly, in order to avoid multiplicity of
proceedings and without prejudice to the rights and contentions
of the parties on the merits of the case, defendants are directed to
not create third party interest in the suit property till the next
date.
One last opportunity is granted to the defendants to
file WS alongwith requisite application and to file reply to the
application U/O 39 Rule 1 and 2 CPC. It is clarified that only one
opportunity shall be granted to the parties to lead arguments on
such application.
Now to come up for arguments on 04.11.2024.
(KAPIL GUPTA)
Civil Judge-06 (Central)
Tis Hazari Courts
Delhi/24.09.2024
-- 2 of 2 --