Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 14
CS SCJ No. 1260/23
MANMOHAN Vs. LILAWATI
03.02.2024
Present : Ms. Dinanath, Ld. Proxy Counsel for the plaintiff.
Ms. Radha, daughter of the defendant in person.
Pass over requested. Allowed.
Be taken up again at 11:00 AM.
(Harjeet Singh Jaspal)
SCJ-cum-RC: Central District:
03.02.2024
At 11:00 AM
Present: Sh. Alok Gupta, Ld. Counsel for the plaintiff alongwith
plaintiff in person.
Defendant in person alongwith Proxy Counsel Sh. Iqbal
Khan.
Evidence by way of affidavit of PW-1 and PW-2 filed
alongwith list of witnesses. Be taken on record. Copy supplied to the
defendant.
PW-1 and PW-2 are examined. Despite opportunity, the
defendant has chosen not to cross-examine PW-1 and PW-2, neither
the defendant the proxy counsel for the defendant are seeking time
for the cross-examination. Accordingly, PW-1 and PW-2 are
discharged.
At this stage, it is jointly stated by the plaintiff and the
defendant that there is a possibility of settlement.
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The plaintiff and the defendant present before the Court
have admitted that there has been no partition as yet and the property
in question i.e. property bearing No.7/22, Gali No.10, Block-C, near
Jyoti Property, Kamal Vihar, Kamalpur Village, Burari is jointly
owned by the plaintiff, defendant no.1 who is the mother of the
plaintiff, defendant no.2 who is the sister of the plaintiff and Smt.
Radha who is also the sister of the plaintiff (though not made a
party), after the death of their father/husband.
The parties have fairly conceded before the court that
the plaintiff is in possession of the first floor of the suit property, the
defendant no.1 is in possession of the second floor of the suit
property and the ground floor is under the occupation of defendant
no.2 Smt. Meena.
Having made the aforementioned statements, the parties
have requested that the matter be put before the Mediation Cell for
drawing a MoU.
At request, matter is referred to the Mediation Cell for
today itself at 2:00 PM. Be taken up now on 16.02.2024.
In case matter gets settled, parties to appear before this
Court on the same date.
Copy of this order be given dasti.
(Harjeet Singh Jaspal)
SCJ-cum-RC: Central District:
03.02.2024
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