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CS SCJ - CIVIL SUIT FOR CIVIL JUDGE

GEETA RATHI +1 moreVsSURENDER AGGARWAL +2 more

CNR DLCT030023102023275-Civil Judge
Tis Hazari, Senior Civil Judge cum RC Court
delhi · Delhi (DL)
CASE DISPOSED
Uncontested--DISMISSED AS WITHDRAWN
Decision Date: 26th August 2023

TrustJury record updated 16 Oct 2026

Case Overview

Registration Number
854/2023
Registration Date
24 Apr 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Petitioner

    1. 1GEETA RATHI
    2. 2SITA SOMANI

    Respondent

    1. 1SURENDER AGGARWAL
    2. 2RAJU AGGARWAL
    3. 3BIJENDER AGGARWAL

    Acts & Sections

    2
    Civil Cases · Sec 17
    Specific Relief Act 1963 · Sec ---

    Case History / Proceedings

    Case History
    Date: 24-04-2023
Business: Business
Next Purpose: Misc. cases/purpose
Next Hearing Date: 06-05-2023

Date: 06-05-2023
Business: Business
Next Purpose: Misc. cases/purpose
Next Hearing Date: 11-05-2023

Date: 11-05-2023
Business: Business
Next Purpose: Misc./ Arguments
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: Business
Next Purpose: Order on Misc. Application
Next Hearing Date: 11-08-2023

Date: 11-08-2023
Business: business
Next Purpose: Consideration
Next Hearing Date: 26-08-2023

Date: 26-08-2023
Business: Business
Nature Of Disposal: DISMISSED AS WITHDRAWN
Disposal Date: 26-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 2305/2023
Filing Date: 24-04-2023
eFiling Number: ECDLCT03007762023
eFiling Date: 24-04-2023
First Hearing Date: 24th April 2023
Decision Date: 26th August 2023
Court Number And Judge: 275-Civil Judge

    Orders

    9
    Final Order 5
    26 Aug 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 854/23
GEETA RATHI Vs. SURENDER AGGARWAL
26.08.2023
Present: Mr. Manoj Sharma, Ld. Counsel for plaintiff along with
plaintiff No.1.
Since plaintiffs are not in possession of the suit property,
directions were issued to plaintiffs on the last date of hearing to seek the
relief of possession of the suit property in view of the law laid down in
Anathula Sudhakar vs. P Buchi Reddy.
Ld. Counsel for plaintiffs submits that he may be permitted to
withdraw the present suit as this Court will not have the pecuniary
jurisdiction to try the present matter, in case relief of possession as
directed by this Court on the last date of hearing is sought.
Separate statement of Ld. Counsel for plaintiff is recorded to this
effect.
In view of separate statement of Ld. Counsel for plaintiff recorded
today, the present suit is disposed off as withdrawn with liberty to
plaintiffs to file a fresh comprehensive suit inclusive of the relief of
possession.
File be consigned to the record room after due compliance.
(NEHA GARG)
Civil Judge-1 (Central)
THC, Delhi/26.08.2023
-- 1 of 1 --
    Interim Order 4
    11 Aug 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 854/23
GEETA RATHI Vs. SURENDER AGGARWAL
11.08.2023
Present: Mr. Manoj Sharma, Ld. Counsel for plaintiffs along with
plaintiffs.
Ld. Counsel for plaintiffs has placed on record copy of registered
Sale Deed executed in favour of grandfather of plaintiffs and copy of
registered Will executed by the grandfather of plaintiffs.
Admittedly, the possession of the suit property is with the
defendants. Accordingly, in view of the law laid down in Anathula
Sudhakar vs. P. Buchi Reddy, plaintiffs must seek the possession of the
suit property.
Time is granted to plaintiff till next date of hearing to seek
appropriate relief of possession.
Put up for consideration on 26.08.2023.
(NEHA GARG)
Civil Judge-1 (Central)
THC, Delhi/11.08.2023
-- 1 of 1 --
    Interim Order 3
    26 Jul 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 854/23
GEETA RATHI Vs. SURENDER AGGARWAL
26.07.2023
Present: Ms. Neha Tyagi, Proxy Counsel for plaintiff.
Proxy Counsel for plaintiff seeks adjournment on the ground that
the main counsel is not well.
No medical certificate of Ld. Counsel for plaintiff is placed on
record and accordingly request for adjournment on behalf of plaintiff is
declined.
Put up for Orders/clarifications, if any, on the aspect of
maintainability on 11.08.2023.
(NEHA GARG)
Civil Judge-1 (Central)
THC, Delhi/26.07.2023
-- 1 of 1 --
    Interim Order 2
    11 May 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 854/23
GEETA RATHI
Vs.
SURENDER AGGARWAL
11.05.2023
Present: Mr. Manoj Sharma, Ld. Counsel for the plaintiff along with
plaintiff.
Part arguments on maintainability heard.
Put up for further arguments on maintainability of the present suit on
26.07.2023.
(NEHA GARG)
Civil Judge-1 (Central)
THC, Delhi/11.05.2023
-- 1 of 1 --
    Interim Order 1
    24 Apr 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS No. 854/23
Geeta Rathi vs Surender Aggarwal
24.04.2023
Fresh suit received by way of assignment through e filing. It be
checked and registered as per rules.
Present: Mr. Manoj Sharma, Ld. Counsel for the plaintiff.
Hard copy of present suit filed.
Submissions heard. Record perused.
On being queried, Ld. Counsel for the plaintiff has fairly conceded
that no document showing the ownership of suit property of Late Sh. Dal
Chand has been filed on record. Ld. Counsel for the plaintiff submits that
suit property is located in old Delhi and as per the information available
with him, there were no documents in favour of Late Sh. Dal Chand.
Ld. Counsel for the plaintiff submits that matter be adjourned in
order for him to take appropriate instructions from plaintiff.
Heard. Allowed in the interest of justice.
Put up for arguments on maintainability of the present suit on
06.05.2023.
(NEHA GARG)
Civil Judge-1 (Central)
THC, Delhi/24.04.2023
-- 1 of 1 --
    Order 4
    11 Aug 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 854/23
GEETA RATHI Vs. SURENDER AGGARWAL
11.08.2023
Present: Mr. Manoj Sharma, Ld. Counsel for plaintiffs along with
plaintiffs.
Ld. Counsel for plaintiffs has placed on record copy of registered
Sale Deed executed in favour of grandfather of plaintiffs and copy of
registered Will executed by the grandfather of plaintiffs.
Admittedly, the possession of the suit property is with the
defendants. Accordingly, in view of the law laid down in Anathula
Sudhakar vs. P. Buchi Reddy, plaintiffs must seek the possession of the
suit property.
Time is granted to plaintiff till next date of hearing to seek
appropriate relief of possession.
Put up for consideration on 26.08.2023.
(NEHA GARG)
Civil Judge-1 (Central)
THC, Delhi/11.08.2023
-- 1 of 1 --
    Order 3
    26 Jul 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 854/23
GEETA RATHI Vs. SURENDER AGGARWAL
26.07.2023
Present: Ms. Neha Tyagi, Proxy Counsel for plaintiff.
Proxy Counsel for plaintiff seeks adjournment on the ground that
the main counsel is not well.
No medical certificate of Ld. Counsel for plaintiff is placed on
record and accordingly request for adjournment on behalf of plaintiff is
declined.
Put up for Orders/clarifications, if any, on the aspect of
maintainability on 11.08.2023.
(NEHA GARG)
Civil Judge-1 (Central)
THC, Delhi/26.07.2023
-- 1 of 1 --
    Order 2
    11 May 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 854/23
GEETA RATHI
Vs.
SURENDER AGGARWAL
11.05.2023
Present: Mr. Manoj Sharma, Ld. Counsel for the plaintiff along with
plaintiff.
Part arguments on maintainability heard.
Put up for further arguments on maintainability of the present suit on
26.07.2023.
(NEHA GARG)
Civil Judge-1 (Central)
THC, Delhi/11.05.2023
-- 1 of 1 --
    Order 1
    24 Apr 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS No. 854/23
Geeta Rathi vs Surender Aggarwal
24.04.2023
Fresh suit received by way of assignment through e filing. It be
checked and registered as per rules.
Present: Mr. Manoj Sharma, Ld. Counsel for the plaintiff.
Hard copy of present suit filed.
Submissions heard. Record perused.
On being queried, Ld. Counsel for the plaintiff has fairly conceded
that no document showing the ownership of suit property of Late Sh. Dal
Chand has been filed on record. Ld. Counsel for the plaintiff submits that
suit property is located in old Delhi and as per the information available
with him, there were no documents in favour of Late Sh. Dal Chand.
Ld. Counsel for the plaintiff submits that matter be adjourned in
order for him to take appropriate instructions from plaintiff.
Heard. Allowed in the interest of justice.
Put up for arguments on maintainability of the present suit on
06.05.2023.
(NEHA GARG)
Civil Judge-1 (Central)
THC, Delhi/24.04.2023
-- 1 of 1 --

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