Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 5 CS111/25
Kamal Singh Vs. Smt Chanderkala
06.01.2026
Pr. Sh. Vipin Kumar, Ld. Counsel for plaintiff.
Sh. Suraj Prakash Verma, Ld. Counsel for defendant no. 1.
Sh. Sanjay Kumar Chobey and Sh. Nitesh, Ld. Counsel for
defendant no. 2.
Ld. Counsel for plaintiff submits that the plaintiff does not
wish to pursue the present suit qua defendant no. 2 and
defendant no. 2 be deleted from the array of parties.
In view of the submission made, defendant no. 2 stands
deleted from the array of parties. Amended memo of parties
be filed on record.
An application under Order XXXIX Rule 1 & 2 CPC is
pending adjudication, wherein, the plaintiff has sought the relief
that the defendants be restrained from selling, alienating or
handing over the possession of the suit property i.e. property
bearing no. S28A, fourth floor, school block, Shakarpur, Delhi
and they be further restrained from interfering, removing,
disturbing the installation of water pump and electricity meter
installed at ground floor of the suit property.
Ld. Counsel for plaintiff submits that the plaintiff is only
praying for grant of adinterim relief against creation of third
party interest and is not pressing for a restraint order against
disturbance, removal and interference of water pump and
electricity meter.
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Ld. Counsel for defendant no. 1 states at Bar that defendant no. 1
will not sell or create any third party interest in the suit property
till the final disposal of the present suit.
In view of the submission made and in order to avoid
multiplicity of litigation, defendant no. 1 is restrained from
selling, alienating or creating any third party interest in the suit
property i.e. S28A, fourth floor, school block, Shakarpur, Delhi
till the final disposal of the present suit. The application under
Order XXXIX Rule 1 & 2 CPC stands disposed off
accordingly.
Written Statement filed on behalf of defendant no.1. Copy
has already been supplied. Ld. Counsel for defendant no. 1 orally
requests that the delay in filing the WS be condoned. Ld.
Counsel for plaintiff submits that he has no objection if the delay
is condoned subject to heavy cost.
In view of the submission made, the delay in filing the
Written Statement is condoned subject to cost of Rs.2000/ to be
paid to the plaintiff.
Ld. Counsel for plaintiff submits that he does not wish to
file Replication. Pleadings of the parties are complete. On the
basis of the pleadings, following issues are framed:
1. Whether the plaintiff is entitled to recover possession of
the suit property under Section 6 of Specific Relief Act ?
OPP.
2. Whether the plaintiff is entitled to the relief of permanent
injunction as prayed ? OPP.
Contd….3/-
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3. Whether the suit has not been properly valued for the pur-
pose of court fees ? OPD-1.
4. Relief.
No other issue arises or is pressed upon. Matter is now
fixed for evidence. Both the parties are directed to file list of
witnesses within 15 days on record. Plaintiff is directed to file
affidavit of witness and supply copy of the same in advance to
defendants or ld. Counsel for defendant at least one week prior to
NDOH.
Put up for PE/ cross on 09.02.2026.
(Shuchi Laler)
District Judge02 (East),
Karkardooma Courts/06.01.2026
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