Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 7
CS No. 83/24
Smt Samlesh Chauhan Vs. Shakeel
27.08.2024
Present : Sh. Vimal Kumar Gaur, Ld. counsel for the plaintiff
alongwith plaintiff.
Sh. Anand Prakash Sharma, Ld. counsel for
defendant no. 1.
Sh. Praveen Kumar and Sh. Ashok Soni, Ld. counsel
for defendants no. 2 and 3.
An application under Order V Rule 20 r/w Section
151 CPC is filed on behalf of the plaintiff for substituted service
of defendant no. 4.
Ld. counsel for defendants no. 2 and 3 submits that
written statement and application under Order VII Rule 11 CPC
on behalf of defendants no. 2 and 3 shall be filed during the
course of the day. Let the same be filed with advance copy to Ld.
counsel for plaintiff.
Ld. counsel for defendant no. 1 submits that memo
of appearance shall be filed during the course of the day and
vakalatnama shall be filed on or before the NDOH.
Ld. Counsel for plaintiff presses for application
under Order XXXIX Rules 1 and 2 r/w Section 151 CPC. It is
prayed on behalf of the plaintiff that an order may be passed in
favour of the plaintiff and against the defendants during the
pendency of the main suit restraining the defendants, their agents,
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servants, attorneys etc. from creating any third party interest in
the suit property in any manner whatsoever.
Ld. counsel for defendants no. 1, 2 and 3 seeks time
to file reply to the application under Order XXXIX Rules 1 and 2
r/w Section 151 CPC as well as argue on the said application and
opposes the grant of any restraining order in respect of the suit
property.
Submissions heard. Record perused. It is in the
interest of justice that the suit property be preserved till the
NDOH. Therefore, the defendants, their agents, assigns,
representatives, attorneys etc. are restrained from alienating,
transferring and/or creating any third party interest in the suit
property in any manner whatsoever till NDOH.
Put up for consideration on application under Order
V Rule 20 r/w Section 151 CPC/ filing of written statement on
behalf of the defendants and reply and arguments on application
under Order XXXIX Rules 1 and 2 r/w Section 151 CPC on
30.09.2024.
(SOMITRA KUMAR)
DJ-06, EAST/ KKD COURTS
DELHI/27.08.2024 (R)
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