Order 6

Order Details: COPY OF ORDER
Pdf Text: CS No. 68/24
Jai Kishan Vs. JASMEET KAUR SETHI
16.04.2024
Present : Sh.Raghav Narayan, Ld. Counsel for plaintiff alongwith plaintiff in
person.
Ms. Ragini Juneja, Ld. Counsel for defendant no. 1 and 2.
None for defendant no. 3.
Fresh V/N has been filed on behalf of the defendant no. 1 and 2.
Ld. Counsel for plaintiff submits that service has been effected to
all the defendants. He further submits that defendant no. 1 is mother and
defendant no. 2 is sister of defendant no. 3.
Ld. Counsel for defendant no. 1 and 2 submits that until now, she
has not received any instructions to appear on behalf of defendant no. 3 and she
will take the appropriate instructions in this regard.
Ld. Counsel for plaintiff prayed for granting the stay under Order
39 Rule 1 and 2 of CPC.
Ld. Counsel for defendant no. 1 and 2 requested for adjournment
for filing the reply to the said application. She has opposed the prayer of the Ld.
Counsel of plaintiff.
Ld. Counsel for plaintiff submits that plaintiff has received
information that the defendant no. 3 has relinquished her share in the property
bearing no. S-284, Greater Kailash, Part-II, New Delhi-110048 (1st floor, 2nd
floor and barsati floor).
Ld. Counsel for plaintiff further submits that there is grave
apprehension that defendants would further alienate the suit property and on
that plaintiff would become remediless.
Ld. Counsel for defendant no. 1 and 2 has vehemently opposed
prayer of Ld. Counsel for plaintiff. She further submits that if any stay is
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granted then it must be for further alienation of the suit property.
Considering the facts and circumstances of the case and in the
interest of justice, defendants are hereby restrained from creating any
further third party interest in the suit property till next date of hearing.
Let WS be filed within prescribed period of limitation with
advance copy to Ld. Counsel for plaintiff.
Put up for reply and arguments on the application under Order 39
Rule 1 and 2 r/w 151 CPC / further proceedings on 29.05.2024.
(VIKAS GARG)
Addl. District Judge-05(East)
Karkardooma Courts, Delhi-16.04.2024
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