Interim Order 11

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Civ Suit 12/23
BENU SAGGAR Vs. DALJEET KAUR
12.02.2025
Present: Mr. Sanchit Garg, Ld. Counsel for the plaintiff through VC.
Mr. Vansh, Intern on behalf of Ld. Main Counsel for the
plaintiff in person.
Replication filed. Taken on record. Copy already stated to have
been supplied.
Despite repeated calls, defendant is absent when it is already
01:00 PM. Considering the same, no purpose will be served by delaying the
proceedings any further.
Previous costs imposed upon the plaintiff be paid on NDOH.
Pleadings are complete. The following issues emerge from the
pleadings:
Issue no. 1: Whether the plaintiff is entitled to a decree of
mandatory injunction directing the defendant to handover the vacant peaceful
and physical possession of Third Floor with roof rights in the property bearing
no. 2, admeasuring about 180 sq. yds. i.e. 150.50 sq. mtrs., situated in the abadi
of Sukh Vihar, Delhi-110051 as prayed for in prayer (a) of the plaint? OPP.
Issue no. 2: Whether the plaintiff is entitled to a decree of
payment of Rs. 25,000/- per month by the defendant from the date of filing of
the suit till realization as use and occupation charges as prayed for in prayer (b)
of the plaint? OPP.
Issue no. 3: Whether the suit is maintainable in the present form
and has been valued properly for the purposes of Court fee and jurisdiction?
OPD.
Issue No. 4: Relief.
No other issue is made out or pressed upon.
Parties are directed to file list of witnesses within 15 days from
today. Plaintiff is directed to file affidavit in evidence and supply advance copy
of the same to the defendant at least a week prior to NDOH.
Re-list for PE on 01.03.2025.
(Gaurav Sharma)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
12.02.2025
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