Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 434/2025
Shabnam Devi Vs. Manoj Bhardwaj
11.03.2025
Fresh suit received by way of e-filing. It be checked
and registered.
Present: Sh. Rambir Chauhan, Ld. counsel for plaintiff via
VC.
Sh. Rahul Chauhan, Ld. counsel for plaintiff present
physically.
Sh. Rambir Chauhan, Ld. counsel for the plaintiff
upon instructions states that he seeks to drop prayer clause b of
the plaint in which decree of declaration has been sought. He
prays that statement of his associate counsel Sh. Rahul Chauhan
who is physically present in the court be recorded. He has
identified Sh. Rahul Chauhan, Ld. counsel. Separate statement of
Sh. Rahul Chauhan, Ld. counsel for the plaintiff has been
recorded to this effect. Same is perused.
In view of the statement of Ld. counsel for the
plaintiff, prayer clause b of the plaint is dropped as not pressed
for.
Submissions on the plaint heard.
Issue summons alongwith notice of the application
U/O 39 Rule 1 and 2 CPC, to the defendant upon filing of PF/RC
within 02 days returnable for NDOH.
Ld. counsel for plaintiff prays that ad-interim ex-
parte injunction be granted and defendant be restrained from
interfering in the possession of the plaintiff in the suit property.
Considered.
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It is the case of the plaintiff that plaintiff is the
owner of the suit property after having purchased the same
through GPA, Agreement to Sell, Receipt, Will, Possession
Letter, Affidavit etc. Admittedly, there is no Sale Deed and even
the documents vide which the suit property was purportedly
purchased are unregistered. It is not the case of the plaintiff that
an injunction from illegal dispossession is being sought. In view
of such discussion, prayer of the plaintiff seeking ad-interim ex-
parte injunction cannot be allowed and the application U/O 39
Rule 1 and 2 CPC shall be decided on merits. Nothing mentioned
shall tantamount to be an expression of opinion on the merits of
the case.
Now tocome up on 19.03.2025.
At request, copy of this order be given dasti to Ld.
counsel for the plaintiff.
(KAPIL GUPTA)
Civil Judge-06 (Central)
Tis Hazari Courts
Delhi/11.03.2025
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