Order 10

Order Details: COPY OF ORDER
Pdf Text: C.S. No. 329/2025 Mohd. Yamin Vs. Mohd. Akbar.
17.07.2026
Present: Son of the plaintiff with Ld. Counsel Mr. Rahul Rohtagi.
Both defendants with Ld. Counsel Mr. Manoj Sharma.
Replication, rejoinder to application u/o 38 Rule 5 r/w Section
151 CPC and rejoinder to application u/o XXXIX Rules 1 & 2 CPC
r/w Section 151 CPC filed. Copies supplied.
Ld. Counsel for the defendants filed an application under
Order VIII Rule 1 (a) (3) r/w Section 151 CPC along with
photocopies of certain documents. Copies supplied.
Ld. Counsel for the plaintiff submits that plaintiff does not
wish to file any reply to the aforesaid application and further plaintiff
has no objection, if the aforesaid application be disposed of as
allowed and documents are taken on record. Heard.
In view of above, the aforesaid application is allowed and the
documents filed along with the application are taken on record.
Application disposed of as such.
Ld. Counsel for the plaintiff presses for disposal of the
application under Order XXXIX Rules 1 & 2 CPC.
Ld. Counsel for the defendants submit that one of the suit of
the suit property is in possession of the defendant and defendants are
ready to make their statement that they will not sell or create any
third party interest in the the suit properties during the pendency of
the suit. He further submitted that plaintiff be also restrained not to
sell or create any third party interest in another suit property which is
in possession of the plaintiff.
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Ld. Counsel for the plaintiff submitted that plaintiff has
instructed him to make a statement that plaintiff will not create any
third party interest in the suit property in his possession.
Considering the facts and circumstances of the case and in
view of submissions of Ld. Counsel for the plaintiff and Ld. Counsel
for the defendants, let the statements of defendants- who are present
in court and Ld. Counsel for the plaintiff be recorded.
Joint statement of defendants & statement of Ld. Counsel for
the plaintiff recorded separately to this effect.
In view of joint statement of defendants and statement of Ld.
Counsel for the plaintiff, plaintiff and defendants are hereby
restrained from selling or creating any third party interest in the suit
properties during the pendency of the suit. Accordingly, aforesaid
application of the plaintiff is disposed of as such.
List this matter for arguments on pending application, filing of
affidavit qua admission denial of documents and framing of issues on
02.09.2026
(Ravinder Singh - I)
District Judge-03/East District,
KKD Courts, Delhi/17.07.2026/j
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