Interim Order 10

Order Details: COPY OF ORDER
Pdf Text: CS 368/24
Sunil Jindal Vs. Rekha Mittal
22.03.2025
Present: Plaintiff with Ld. Counsel Sh. Hemant Sharma.
Sh. Vishal Khanna Ld. Counsel for defendant through VC.
Son of defendant no.1.
An application u/o 14 Rule 5 CPC seeking framing of
additional issue is pending adjudication.
It is stated in the application that one important issue has
been left out due to which dispute will not be completely adjudicated
between the parties. It is further averred that Sh. M.K. Gupta was never
the owner of the whole property and Kailashwati was the owner of the
whole property who had sold the property to the defendants. It is thus
prayed that one additional issue i.e.
Whether Sh. Mahender Kumar Gupta
(M.K. Gupta) was the owner of the whole suit property measuring 38 sq.
ycs (31.77 sq. m)? OPP, may kindly be framed for just decision of the
case.
Ld. Counsel for defendant has opposed the application and
vehemently argued on the same.
Arguments heard.
Perusal of record reveals that the plaintiff has averred in his
plaint that Sh. M.K. Gupta was the absolute owner of suit property,
however, the defence of defendants is that Sh. M.K. Gupta was never
entitled to the whole property in question. Therefore, I am of the view
that the following issue is required to be framed:
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In view of the submissions made and the fact that aforesaid
issue is necessary for the conclusion of the present case and further
witnesses are yet to be examined in the present case, the aforesaid
application is hereby allowed.
Accordingly, an Additional Issue is hereby framed as under:
Additional Issue:
“Whether Sh. M.K. Gupta was not the absolute owner of the
whole property i.e. Khasra no. 29/33/4 bearing property no. F-16,
consisting with 4 shops on ground floor and residential three room set on
first floor situated in the area of Village Khureji Khas, in the abadi of
Parwana Road, Jagatpuri, Illaqa Shahdara, Delhi-110051 admeasuring 38
sq. yds. i.e. 31.77 sq. mtrs? OPD”.
Evidence-affidavit of plaintiff, list of witnesses and Special
Power of Attorney executed by plaintiff no.2, 3, 4 and 5 in favour of
plaintiff no.1 has already been filed on 28.02.2025. copy of the same has
been supplied to the opposite party.
It is submitted by Ld. Counsel for plaintiff that in case of
requirement after the framing of above additional issue, he will file
additional evidence affidavit of plaintiff on the next date of hearing with
advance copy to the opposite side.
In view of submissions made, put up for P.E. on 26.04.2025.
(Pooja Jain)
District Judge-03/NB
East/KKD Courts/Delhi
22.03.2025
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