Interim Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS 424/24
RAJ KUMAR KAKE Vs. BRIJ KISHORE AND OTHERS
25.05.2026
Present: Sh. Munish Chhoker and Ms. Jyoti Verma, Ld. Counsel for
the plaintiff alongwith plaintiff in person.
Sh. Hari Shankar and Sh. Pankaj Sharma, Ld. Counsel for
the defendant alongwith Ms. Beena Devi, wife of the
defendant no. 1 in person.
Matter is listed for completion of pleadings, admission
denial of documents and for framing of issues today.
Written statement filed on behalf of the defendants. Copy
supplied.
On the last date of hearing cost of Rs. 1000/- (Rs. 500/- to
be paid to the plaintiff and Rs. 250/- each to be deposited in DSLSA,
East and SBA) was imposed upon the defendants. Cost paid to the
plaintiff. Receipt of deposition of cost in DSLSA, East and SBA filed.
Same are taken on record.
Plaintiff has filed replication to the written statement of
the defendant. Copy supplied.
Plaintiff has filed an application under Order VII Rule 14
CPC for placing on record certain additional documents which are copy
of property tax dated 18.03.2013, copy of water bills dated 25.01.2013
and 24.04.2026.
Since the matter is at its intial stage, no prejudice shall be
caused to the defendants if the documents are taken on record as the
defendants shall have the opportunity to examine the genuiness and
validity of the said documents during the evidence.
In view thereof, the application under Order VII Rule 14
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CS 424/24
RAJ KUMAR KAKE Vs. BRIJ KISHORE AND OTHERS
25.05.2026
CPC is allowed subject to cost of Rs. 500/- (to be paid to the defendants)
and disposed of accordingly. The documents as mentioned in the
application i.e. copy of property tax dated 18.03.2013, copy of water
bills dated 25.01.2013 and 24.04.2026, are taken on record.
Cost paid to the Ld. Counsel for the defendant today in
Court.
It is submitted by the Ld. Counsel for the plaintiff that
since no documents have been filed on behalf of the defendant,
therefore, the plaintiff is not inclined to file the affidavit of admission
denial of documents.
Separate statement of Ld. Counsel for the plaintiff has
been recorded to this effect.
It is submitted by the Ld. Counsel for the defendant that
the defendant is denying all the documents filed by the plaintiff.
Separate statement of Ld. Counsel for the defendant has
been recorded to this effect.
It is submitted by the Ld. Counsel for the plaintiff that due
to inadvertent typographical error in the plaint in prayer clause, the
partition for the property bearing no. MB-137, First Floor, Gali No. 5,
Master Block, Shakarpur, Delhi-92 has been sought for instead of entire
suit property. The said error may be rectified and the plaintiff may be
directed to file the amended plaint to that extent only.
The prayer as mentioned in prayer clause (d) and (e) of the
plaint cannot be granted to the plaintiff as it is beyond the scope of
present litigation. Hence, prayer clause (d) and (e) of the plaint are
Contd……
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CS 424/24
RAJ KUMAR KAKE Vs. BRIJ KISHORE AND OTHERS
25.05.2026
deemed to be deleted.
Pleadings are complete. Accordingly, on basis of the
pleadings of the parties, the following issues are hereby framed for
adjudication of the present suit:-
“1.Whether the plaintiff is entitled to the decree of
partition for the property bearing no. MB-137,
First Floor, Gali No. 5, Master Block, Shakarpur,
Delhi-92? OPP
2. Whether the plaintiff is entitled to a decree of
permanent injunction as prayed for in prayer
clause (c) of the plaint?OPP
3. Whether the defendant no. 1 is the owner of the
entire suit property which he has purchased from
his own funds in or about February, 1990? OPD1
4. Whether the suit of the plaintiff is not
maintainable for the purposes of court fees and
jurisdiction? OPD1
5. Whether the suit of the plaintiff is bad for mis-
joinder and non-joinder of necessary parties?
OPD1
6. Relief, if any”.
No other issue arises or is pressed for. All the parties are
directed to file list of witnesses within 15 days from today as per the
mandate of Order XVI Rule 1 CPC.
Put up for PE on 13.08.2026.
Advance copy of the evidence affidavit of witnesses to be
Contd……
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CS 424/24
RAJ KUMAR KAKE Vs. BRIJ KISHORE AND OTHERS
25.05.2026
examined in PE be filed in Court with supply of advance copy to the
opposite side at least 15 days before the next date of hearing.
The date has been given as per the convenience and
request of Ld. Counsel for the parties.
(Sandeep Kumar Sharma)
District Judge-04, East District,
Karkardooma Courts, Delhi
25.05.2026
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