Order 2

Order Details: COPY OF ORDER
Pdf Text: 10 CS356/25
Suman Devi Vs. Om Prakash
27.01.2026
Present: Sh. S. S. Rawat, Ld. counsel for plaintiff.
Sh. Ajeet Rajput, Ld. Counsel for the defendant.
An application under Order 32 Rule 3 (2) CPC for
appointment of plaintiff no. 1 as natural guardian of plaintiff no.
2 is pending.
Arguments heard. Record perused.
The plaintiff no. 2 is a minor, whose father has
already expired. The plaintiff no. 1 is mother of plaintiff no. 2
and her interest does not appear to be adverse to that of plaintiff
no. 2.
Keeping in view the welfare and interest of the
minor, plaintiff no. 2, her mother /plaintiff no. 1 is hereby
appointed as her next friend in the instant suit. The application in
hand is accordingly, disposed off.
Another application under Order XXXIX Rule 1 & 2 CPC is
pending adjudication, wherein an ad-interim restraint order
against creation of third party interest in the suit property i.e.
S-490, School Block, Part -II, Gali no. 1 & 2 Shakarpur,
Delhi-92 is sought. Admittedly, the suit property was owned by
Sh. Mata Prasad, who is father in law of plaintiff no. 1 and father
of both defendants. It is also an admitted case of the parties that
late Sh. Mata Prasad died intestate. In order to avoid multiplicity
of litigation, it is essential that the status quo qua the suit
PTO
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property is maintained till the final disposal of the instant lis.
Ld. Counsel for the plaintiff submits that even plaintiffs will not
create any third party interest in the suit property. Accordingly,
the plaintiffs and the defendants are hereby restrained from
selling, transferring or creating any third party interest in the suit
property i.e. S-490, School Block, Part -II, Gali no. 1 & 2
Shakarpur, Delhi-92 till the final disposal of the present suit.
The application in hand is accordingly, disposed off.
Nothing stated herein above shall tantamount to the expression of
opinion on the merits of the case.
Written Statement has not been filed. Same be filed in
accordance with the provisions of law with advance copy to the
opposite side. Replication thereto be filed within 30 days
thereafter with advance copy to the opposite side.
Request is made for reference of the matter to medi-
ation cell.
At joint request, present case is referred to
Mediation Cell for 30.01.2026 at 2:00pm to explore the
possibility of settlement. Both the parties are directed to appear
before the Mediation Center on the date and time fixed.
Put up for verification of the settlement, if any,
failing which for completion of pleadings/ framing of issues on
17.03.2026.
(SHUCHI LALER)
District Judge-02 (East),
Karkardooma Courts/27.01.2026
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