Order 13

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6 CS SCJ 1315/24
RITESH Vs. PRADEEP AHUJA
11.04.2026
File taken up today as 03.03.2026 was declared
holiday.
Present: Sh. Deepak Garg, Ld. counsel for plaintiff.
Sh. Abhishek Kaushik, Ld. counsel for defendant
no.1 through VC.
Defendant no.2 and 3 are ex-parte.
Replication and affidavit of admission and denial of
documents alongwith vakalatnama filed on behalf of the plaintiff.
Same be taken on record. Copy supplied to the opposite party.
Ld. counsel for defendant no.1 submits that plaintiff
is not present but the affidavit filed alongwith the aforesaid
replication and affidavit of A/D of documents bear the signatures
of the plaintiff dated today.
Pleadings are complete. From the pleadings of the
parties following issues are framed:
Issue no.1: Whether the plaintiff is entitled to a
decree of permanent injunction as prayed for in prayer (a) of the
plaint? OPP.
Issue no.2: Whether the defendant no.1 is owner and
in possession of the suit property? OPD1
Issue no.3: Whether the present suit is not
maintainable as the alleged ownership documents of the plaintiff
dated 10.08.2008 are unregistered? OPD1
Issue no.4: Whether the suit is not maintainable
against defendant no.1 as the plaintiff has no right in the Khasra
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No. 442 i.e. property of defendant no.1? OPD1
Issue no. 5: Relief.
No other issue is made out or pressed upon.
Parties are directed to file list of witnesses within 15
days from today. Plaintiff is directed to file affidavit in evidence
and supply advance copy of the same to the defendant.
Possibility of settlement of the matter was explored
by talking to the parties. Benefit of the ADR settlement was also
informed to the parties. However, parties submit that there are no
possibility of settlement at this point of time.
In the opinion of the court, the major issue between
the parties is also regarding the identity of the property.
Therefore, demarcation report be called from the concerned SDM
regarding the suit property with direction to clearly specify
whether the suit property i.e. plot measuring area 1050 sq. yards
(size 105’ x 90’) falls in Khasra No. 441 or 442 of the Village
Garhi Khusro, Burari, Delhi-110084, on or before the NDOH.
The parties or their representative may participate in
the demarcation proceedings. The contact details of Ld. counsel
of plaintiff and defendant no.1 be mentioned on the notice to be
issued to the SDM concerned who will intimate them about the
date and time of demarcation proceedings.
Copy of the present order be sent to concerned SDM
alongwith the copy of the plaint.
Put up for PE on 04.06.2026.
(SUNIL KHATRI)
Civil Judge-06 (Central)
Tis Hazari Courts/Delhi/11.04.2026
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