Full Order Text
Order 2 · 20 Jul 2023 · CNR DLCT030032582023
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS SCJ No. 1173/23 PRADEEP KUMAR Vs. KAMAL 20.07.2023 Present : Sh. C. Prakash, Ld. Counsel for plaintiff with plaintiff in person. Sh. Rakesh Patiyal, Ld. Counsel for defendants no.1 and 3 with defendant no.1 and 3 in person. Defendant no.5 in person. Sh. Parth Mahajan, Ld. Counsel for defendant no.6 alongwith the defendant no. 6. Fresh vakalatnama is filed on behalf of the defendants no.1 and 3. The same is taken on record. Summons issued to the defendant on.2 and 4 are received back unserved with remarks 'not such person/does not reside'. In view of the report, on filing of the fresh address of the defendants no.2 and 4, let fresh summons of the suit be issued to the defendant no.2 and 4 on fling of required PF and RC through all modes, for 03.10.2023. At this stage, it is submitted by the Ld. Counsel for defendant no.1 and 3 that the defendants no.1 and 3 have no concern with the suit property and they are also not in the possession of the same. A separate statement of the defendants no.1 and 3 to that effect is recorded in the Court. At this stage, the defendant no.5 present in the Court has also submitted that though she is in the possession of the suit property in the capacity of a tenant through her grandfather, however, she is ready to give a statement before this Court that she would not create any third party interest in respect of the suit property. Page 1 of 2 -- 1 of 2 -- A separate statement of the defendant no.5 is also recorded to that effect in the Court. In view of the statement of the defendants no.1, 3 and 5, it is submitted by the Ld. Counsel for plaintiff that the plaintiff does not wish to pursue the present suit qua the defendants no.1, 3 and 5 and accordingly they may be dropped from the array of the parties. A separate statement of the plaintiff to that effect is also recorded in the Court. In view of the statement of plaintiff as well as the defendants no.1, 3 and 5, the present suit stands disposed off qua defendants no.1, 3 and 5. At request of the defendant no.6 that she wants to file WS to the suit of the plaintiff alongwith reply to the application of the plaintiff under Order 39 Rule 1 and 2 CPC, she is at liberty to file the same as per the period of limitation by the next date of hearing with advance copy to the plaintiff side. Balwinder Singh SCJ-cum-RC: Central District: 20.07.2023 Page 2 of 2 -- 2 of 2 --