Order 5

Order Details: COPY OF ORDER
Pdf Text: CS. No.1030/24
ANIL KUMAR AGGARWAL VS. M/S SHIV NATH RAI JAWAHAR LAL
AGGARWAL
21.08.2024
Present: Ld. Counsel for plaintiff.
Sh. Vipin Kumar and Sh. Nikhil Garg, Ld. counsel for
defendants no.2 and 3.
As the matter has been taken up on an application under
Section 151 of CPC filed on behalf of plaintiff for early hearing, the application
is hereby disposed off.
As per report of the AhImad, notice of the application has been
served to all the defendants.
Written statement has been filed on behalf of defendants No.2
and 3 along with reply to interim application and another application under
Order VIII Rule 1 of CPC.
It is stated that defendants no.2 and 3 were served on
03.06.2024. It is stated in the application that plaintiff supplied the copy of the
site plan and certain documents to the defendants on 20.07.2024. Ld. Counsel
for plaintiff submits that he does not object to the present application and same
may be allowed.
Heard. Perused.
Even though written statement has been filed with a delay yet
record shows that certain documents were supplied later in time. Accordingly,
the application filed by defendants no.2 and 3 stands allowed and the written
statement defendants no.2 and 3 is hereby taken on record.
Application under Order Vll Rule 1 of CPC is disposed off
accordingly.
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Matter is now taken up for arguments on application under
Order XXXIX Rule 1 and 2 of CPC.
During the course of arguments, Ld. counsel for defendants
no.2 and 3 Sh. Vipin Kumar submits that defendants no.2 and 3 are not making
any construction in the suit property.
At this stage, Sh. Vishwanath Kumar, Ld. Counsel for plaintiff
submits that he will file appropriate application seeking impleadment of Sh.
Anurag Garg and some other persons who are allegedly making construction
in the suit property. Let the appropriate application be filed by the plaintiff
only after supplying advance copy to the other side.
Be put up for arguments on application under Order XXXIX
Rule 1 and 2 of CPC and for framing of issues, on 11.11.2024.
Bharat Aggarwal
CJ-08 (Central)
21.08.2024/Delhi
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