Order 3

Order Details: COPY OF ORDER
Pdf Text: CS No.338/25
Bhagwat Pal Vs. Subhash Pal
16.10.2025
Present: Mr. Rajeev Gupta and Mr. Archit Gupta, Ld.
Counsels for the plaintiff.
Mr. Ajeet Kumar, Ld. Counsel for defendants no.1
to 3.
Mr. Ashok.K. Sagar, Ld. Counsel for defendants
no.4 to 7.
None for defendants no.8 to 10.
Ms. Kanta Chaudhary, Ld. Counsel for defendant
no.11 through VC.
Since written statement has not been filed by defendants
no. 8 to 10 and they have not entered appearance, therefore, their
defence is struck off.
Three replications to the written statements of defendants
no. 1 to 3, 4 to 7 and 11 are filed alongwith documents.
Copies have been supplied.
Part arguments on the application under Order 39 Rules 1 &
2 of CPC are heard.
Plaintiff is seeking partition of property bearing no. 83, Pal
Mohalla, Chhota Chowk, Mandawali, Fazalpur, Delhi measuring
300 sq. yards.
As per the defendants no. 1 to 3, an oral partition had already
taken place which was subsequently acknowledged and confirmed
in a family settlement.
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It is stated that the plaintiff has already acted upon the oral
partition and family settlement by selling his share of the property
by sale documents registered on 05.09.2006.
Copy of the family settlement and sale documents have been
filed alongwith the written statement and are on page numbers 17 to
31. These documents are not legible. Matter is adjourned.
Defendants no. 1, 2 and 3 are directed to file fair, typed and legible
copy of these documents by the next date of hearing after supplying
advance copy to the Ld. Counsel for the plaintiff.
Ld. Counsel for the plaintiff requests that till next date of
hearing, defendants no.1 to 3 be restrained from creating third party
interest in the property. He has drawn the attention of the Court to
paragraph no. 4 of the reply on merits in the written statement of
the said defendants in which it is stated that the entire property is
for self use and there is no reason or occasion for sale of any
portion.
In view of the above averment of defendants no. 1 to 3 as
made in paragraph no. 4, they are hereby restrained from creating
third party interest in the above property till the next date of
hearing.
To come up for further arguments on the application under
Order 39 Rules 1 & 2 of CPC on 23.12.2025.
(Shirish Aggarwal)
District Judge-03
East District, KKD Courts,
Delhi, 16.10.2025
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