Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 2216/23
RAM ASHOK Vs. MALTI
03.08.2024
Present: Shri R.K. Singh and Shri Vinay Kumar, Ld. Counsel
for plaintiff with plaintiff.
Defendant no.1 and 2 in person.
Shri Sanjay Kumar, Ld. Counsel for defendant no.2
through VC.
On the LDOH the photographs of the ground floor of
the suit property were filed by plaintiff but inadvertently they
have not been taken on record. They are taken on record today.
The present matter is pending for consideration on
application under Order 39 Rule 1 and 2 CPC which has been
fled by the plaintiff with the prayer that defendants be restrained
from selling, creating third party interest in the suit property
bearing no.E-16/1504, measuring 70 sq.yd.Bapa Nagar, Arya
Samaj road, Karolbagh, New Delhi constructed from ground to
fifth floor till the disposal of present case.
Today both the defendants has submitted that they
are ready to give the statement that no third party interest shall be
created in the suit property during pendency of the suit. Separate
joint statement of both defendants recorded to this effect.
In view of present statement of both defendants
application under Order 39 Rule 1 and 2 CPC filed on behalf of
plaintiff is hereby allowed and defendants are restrained from
selling, creating third party interest in the suit property bearing
no.E-16/1504, measuring 70 sq.yd.Bapa Nagar, Arya Samaj road,
Karolbagh, New Delhi constructed from ground to fifth floor till
the disposal of present case.
Further regarding the other prayer of the plaintiff the
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present matter has been referred to Mediation.
At this stage, both the parties inform that possibility
of settlement may be explored and matter may be referred for
mediation. Considering the same, both the parties are hereby
referred for mediation proceedings for 29.08.2024 at 02:00 PM at
the Mediation Centre, THC.
Put up for before this court for report of settlement if
any,/ on 26.09.2024.
Both the parties are directed to appear before
Mediation Cell on the said date.
(Neha Pandey)
Civil Judge-05/Central/THC
03.08.2024
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