Order 8

Order Details: COPY OF ORDER
Pdf Text: CS 252/25
PRACHIN JAI MAA DURGE MANDIR EVAM SHREE SIDDH
BABA MANGAT RAM TRUST Vs. Girdhari Lal and ors
06.05.2026
Present: Sh. Virender Singh, Ld. Counsel for the plaintiffs
alongwith trustee of the plaintiff No. 1 namely Sh.
Rampal in person.
Sh. Honey Kaushik, Ld. Counsel for the defendants
with defendants No. 1 & 2 in person.
Today, the matter is listed for filing reply to the
application under Order XXXIX Rule 2A CPC, completion of
pleadings, admission denial of documents and for framing of
issues.
Ld. Counsel for the plaintiffs has sought some time to
argue on the aforesaid application.
Granted.
Ahlmad is directed to register the contempt
application under Order XXXIX Rule 2A CPC separately.
It has been submitted by the Ld. Counsel for the
defendants that defendants do not want to file any reply to the
application under Section 92 CPC and they have no objection, if
the application filed by the plaintiff is allowed.
In view of above, the application under Section 92
CPC filed by the plaintiff is hereby allowed.
Perusal of file reveals that Ld. Counsel for the
defendants on 07.08.2025 had filed two photographs showing the
gate of defendants. However, Ld. Counsel for the plaintiffs submits
that he has not received the copy of the same.
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Ld. Counsel for the defendants undertakes to supply
the copy of same to the Ld. Counsel for the plaintiffs within three
days from today.
Ld. Counsel for the defendants has filed affidavit of
admission denial of documents. Copy supplied. Taken on record.
Pleadings are complete. On the basis of pleadings of
the parties, following issues are hereby framed for adjudication of
the present suit:-
1) Whether the plaintiffs are entitled to the relief
of mandatory injunction against the defendants
No. 1 & 2 as prayed in prayer clause (a) of the
plaint? OPP
2) Whether the plaintiffs are entitled to the relief
of the removal of defendant No. 1 from the
plaintiff’s trust as prayed in prayer clause (a) of
the plaint? OPP
3) Whether the plaintiffs are entitled to relief of
permanent injunction against the defendants as
prayed in prayer clause (b) of the plaint? OPP
4) Whether the plaintiffs are not having
locus
standi to file the present suit? OPD
5) Whether the suit of the plaintiff is barred under
the provisions of Specific Relief Act? OPD
6) Whether the plaintiff has not paid the
appropriate court fees for the relief of
possession? OPD
7) Relief.
No other issues arises and pressed for.
As such, be listed for PE on 18.07.2026.
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All the parties are directed to file their respective list
of witnesses within 15 days from today in accordance with the
Order XVI Rule 1 (1) CPC.
Plaintiffs are also directed to file the affidavits of
evidence of PWs and supply to the other side at least 15 days prior
to the next date of hearing.
Date is given as per choice and convenience of Ld.
Counsel for the parties.
(SANDEEP KUMAR SHARMA)
District Judge-04, East District,
Karkardooma Courts, Delhi
06.05.2026
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