Interim Order 7

Order Details: COPY OF ORDER
Pdf Text: -1-
6
CS 505/25
Roopa Devi Vs. DEVRAJ ALIAS BHOLA ALIAS RAJESH
30.04.2026
Present : Sh. Akhil Sharma, Ld. Counsel for the plaintiff.
Ms. Sonia Arora, Ld. LAC for the defendant no. 1 through VC.
Sh. D.K. Malhotra, Ld. LAC for the defendant no. 2.
Ld. Ld. Counsel(s) for the defendants submit that their applications
under Order VIII Rule 1 read with Section 151 CPC are pending for
adjudication.
Ld. Counsel for the plaintiff submits that, without prejudice to his
rights and contentions and without admitting any averments made in the said
applications, he has no objection to the same being allowed, subject to
imposition of heavy costs.
In the interest of justice, the applications under Order VIII Rule 1
read with Section 151 CPC are hereby allowed, subject to costs of 1,000/-	₹
each to be paid by the defendant no. 1 and 2 to the plaintiff.
The written statements are taken on record.
Both the applications stand disposed of.
Affidavits of admission and denial on behalf of Plaintiff Nos. 1 and
2 have been filed along with spare copies.
The defendant no. 1 is at liberty to collect the same from the
Reader/Ahlmad of this Court against proper acknowledgment.
Ld. Counsel(s) for the defendants submit that the aforesaid costs
shall be paid to the plaintiff on the next date of hearing.
Ld. Counsel for the plaintiff submits that he does not wish to file
any replication and requests that issues be framed.
Further admission and denial are not pressed by either party.
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Both parties state that they are not inclined to refer the matter to
mediation or any other mode of alternative dispute resolution.
Pleadings are complete. On the basis of the pleadings, the
following issues are framed:
1. Whether the plaintiff is entitled to a decree of partition, as prayed
for? OPP
2. Whether the plaintiff is entitled to a decree of permanent injunction,
as prayed for? OPP
3. Relief.
No other issue is pressed, raised, or disputed with regard to the
burden of proof.
Put up for Plaintiff’s Evidence on 27.07.2026.
The parties are directed to file their respective lists of witnesses
and supply advance copies to the opposite party within 15 days from today.
They shall also file their evidence by way of affidavits, serving advance copies
upon the opposite party at least 15 days prior to the next date of hearing.
(Vikas Garg)
DJ-05/East/KKD
Delhi/30.04.2026
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