Interim Order 13

Order Details: COPY OF ORDER
Pdf Text: CS445/23
VINOD TAWAR Vs. VEENA @ BEENA TAWAR
05.11.2024
Present: Plaintiff with Ld. LAC Sh. Saurabh Rastogi.
Sh. Chetan Verma Ld. Proxy Counsel for defendants.
Written arguments on the application under Order 39 Rule 1
& 2 CPC filed on behalf of plaintiff.
It is submitted by Ld. Proxy Counsel for defendants that
defendants has not intention to create any third party interest in the suit
property.
In view of submissions made by Ld. Counsel for defendants
and facts as mentioned in the application, the application under Order 39
Rule 1 & 2 CPC filed on behalf plaintiff stands allowed. Consequently,
the defendants are restrained from creating any third party interest in the
suit property till the final disposal of present suit.
On the basis of pleadings of parties, the following issues are
hereby framed.
ISSUES
1. Whether the plaintiff is entitled for decree of partition
in respect of property bearing No.A-41, Gali No.2, North
Block, West Vinod Nagar Near Ram Mandir, Mandawali
Fazalpur, Delhi-110092? OPP
2. Whether the plaintiff is entitled for decree of permanent
injunction against the defendants, as prayed for? OPP
-- 1 of 2 --
3. Whether the defendants prove that the oral family
settlement has already been taken place between the parties?
OPD
4. Relief.
No other issue arises nor pressed for nor onus of proof
objected to. Both the sides to file their list of witnesses within 15 days
from today. Plaintiff to file evidence by way of affidavit with advance
copy to the opposite side.
Put up for P.E. on 19.12.2024.
(Pooja Jain)
District Judge-03/NB
East/KKD Courts/Delhi
05.11.2024
-- 2 of 2 --