Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 11 CS SCJ 2098/24
SYED WAQAR ALI Vs. MOHD. MURSALEEN
&
12 Counter Claim No. 28/24
MOHD MURSALEEN VS. SYED WAQAR ALI (Two Cases)
04.12.2025
Present: Sh. Afroz Ahmed, Ld. Counsel for plaintiff/respondent through VC.
Sh. Absar Ahmed, Ld. Counsel for defendant/counter claimant through VC.
This is a suit and counter claim. For convenience, at the prayer of the
parties, consolidated issues are being framed upon the suit and the counter claim.
The pleadings of the parties are already complete. From the pleadings of the
parties, the following issues are framed for disposal of the suit and counter claim :-
1. Whether the plaintiff/respondent is entitled to a decree of permanent
injunction and against the defendant/counter claimant as prayed in prayer (a) of the
plaint of suit no. CS SCJ 2098/24? OPP
2. Whether the suit no. CS SCJ 2098/24 is barred u/s 34 and section 41(h)
of the Specific Relief Act? OPD.
3. Whether the plaint of the suit no. CS SCJ 2098/24 is liable to be
rejected u/o 7 Rule 11 CPC? OPD.
4. Whether the suit no. CS SCJ 2098/24 is bad for non joinder of necessary
parties? OPD.
5. Whether the counter claimant/defendant is entitled to a decree of
declaration and against the respondent/plaintiff as prayed in prayer (I) of the counter
claim no. 28/24? OPD.
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6. Whether the counter claimant/defendant is entitled to a decree of
declaration and against the respondent/plaintiff as prayed in prayer (II) of the counter
claim no. 28/24? OPD.
7. Whether the counter claimant/defendant is entitled to a decree of
permanent injunction and against the respondent/plaintiff as prayed in prayer (III) of the
counter claim no. 28/24? OPD.
No other issue arises or is pressed for by Ld. Counsel for the parties. The
parties are directed to file the list of witnesses within 15 days from today with copies
thereof to opposite party.
Put up for P.E. on 09.02.2026.
Advance copy of the affidavit of evidence of PWs be supplied to the
opposite party before the next date of hearing.
(Aakash Sharma)
Civil Judge-02 (Central), Delhi
04.12.2025
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