Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS 218/26
CNR No. DLET01-002043-2026
SATBIR SINGH VS. MOHD IQBAL
02.09.2026
Present : Sh. Yashasvi Sharma and Sh. Shiwank Sharma, Ld.
Counsel for the plaintiff alognwith plaintiff in
person.
Ms. Karuna Gahlaut, Ld. Counsel for the defendant
no.1 alongwith son of defendant no. 1 in person.
None for defendant no. 2.
Despite repeated calls since morning, none has
appeared on behalf of the defendant no. 2.
As per record, defendant no. 2 was served on
30.04.2026, however, neither the defendant no. 2 nor anyone has
been appearing on his behalf. It appears that the defendant no. 2
is not interested in contesting the suit. Hence, the defendant no. 2
is hereby proceeded exparte.
Defendant no. 1 filed written statement alongwith an
application under Order VIII Rule 1 CPC seeking condonation of
delay in filing the written statement and also the reply of the
application under Order XXXIX Rule 1 and 2 CPC. Copy
supplied.
Heard on the application under Order VIII Rule 1
CPC of the defendant no. 1.
The application under Order VIII Rule 1 CPC is
allowed subject to Cost of Rs. 750/- (Rs. 250/- each to be paid to
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CS 218/26
CNR No. DLET01-002043-2026
SATBIR SINGH VS. MOHD IQBAL
02.09.2026
the plaintiff, DSLSA, East and SBA) and the delay in filing the
written statement on behalf of defendant no.1 is hereby
condoned. Written statement of defendant no. 1 is taken on
record.
It is submitted by the Ld. Counsel for the defendant
no. 1 that the defendant no. 1 neither shall create any third party
interest or part with possession of the suit property in any manner
whatsoever or alter the suit property in any manner as stands
today till the pendency of the present suit and without the due
process of law and without the permission of the Court.
Separate statement of Ld. Counsel for the defendant
no. 1 has been recorded to this effect.
In view of the statement of Ld. Counsel for the
defendant no. 1, the application under Order XXXIX Rule 1 and
2 CPC is disposed off accordingly.
Statement of Ld. Counsel for both the parties
regarding the admission denial of documents have been recorded
separately.
Pleadings are complete. Accordingly, on basis of the
pleadings of the parties, the following issues are hereby framed
for adjudication of the present suit:-
“1.Whether the plaintiff is entitled to the
decree of possession as prayed in prayer
clause (a) of the plaint? OPP
Contd…..
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CS 218/26
CNR No. DLET01-002043-2026
SATBIR SINGH VS. MOHD IQBAL
02.09.2026
2. Whether the plaintiff is entitled to the
recovery of Rs. 1,60,000/- towards arrears of
rent as prayed in prayer clause (b) of the
plaint?OPP
3. Whether the plaintiff is entitled to a decree
of mesne profit/damages @ Rs. 25,000/- per
month from the date of the termination of the
lease till handing over the possession of the
suit property as prayed for in prayer
clause(C) of the plaint? OPP
4. Whether the plaintiff is entitled to any
interest on the amount of mesne
profit/damages as claimed. If yes, for what
rate and what period? OPP
5. Whether the plaintiff is entitled to the
decree of permanent injunction, as prayed
for in prayer clause(d) of the plaint? OPP
6. Whether the plaintiff is entitled to the
decree of mandatory injunction, as prayed
for in prayer clause(e) of the plaint? OPP
7. Whether the defendants no. 1 and 2 are the
absolute owner of the suit property ? OPD1
8. Whether the suit of the plaintiff is barred
by the law of limitation? OPD1
9. Relief, if any”.
Contd…..
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CS 218/26
CNR No. DLET01-002043-2026
SATBIR SINGH VS. MOHD IQBAL
02.09.2026
No other issue arises or is pressed for. All the parties
are directed to file list of witnesses within 15 days from today as
per the mandate of Order XVI Rule 1 CPC.
At this stage, respective Ld. Counsel for parties have
submitted that there are chances of an amicable settlement
between the parties and a request has been made to refer the
matter to the Mediation Centre, Karkardooma Courts, Delhi.
In view of the submissions, the matter is referred to
the Mediation Centre, Karkardooma Courts, Delhi for 09.09.2026
at 12:00 PM. Mediation form has been duly filled by the parties.
Parties are directed to appear accordingly.
Advance copy of the evidence affidavit of witnesses
to be examined in PE be filed in Court with supply of advance
copy to the opposite side at least 15 days before the next date of
hearing.
Put up for report regarding settlement, if any and for
PE on 02.11.2026.
The date has been given as per the convenience and
request of Ld. Counsel for the parties.
(Sandeep Kumar Sharma)
District Judge-04, East District,
Karkardooma Courts, Delhi
02.09.2026
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