Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Civ Suit 200/24
RAJESHWARI VS. JAGJIT SINGH
16.12.2024
Present: Plaintiff in person alongwith Ld. Counsel Mr. Tahir
Hussain.
Defendant in person alongwith Ld. Counsel Mr.
Parmanand.
On perusal of the case file, it is observed that the matter is
at the stage of consideration of application under O 39 R 1 and 2 CPC.
It is seen that vide the application under O 39 R 1 and 2
CPC, in substance, plaintiff has sought the defendant to be restrained
from creating third party interest in the suit property or otherwise
transferring it any further. Together with the same, a prayer with regards
restraining the defendant from altering / undertaking any construction
work therein has also been made.
Ld. Counsel for the defendant, after consulting with the
defendant has stated at bar that no third party interest shall be created qua
the suit property and it shall also not be otherwise transferred during the
pendency of the Court proceedings. With regards the contention of not
undertaking addition / alteration in the suit property is concerned, it is
stated that right of normal day to day routine work that may be required
in future cannot be allowed to be withheld from the defendant.
Submissions heard. Record perused.
In view of the submissions as aforesaid, application under
O 39 R 1 and 2 CPC is hereby disposed with the directions to the
defendant that he is hereby restrained from creating any third party
interest or parting with the possession of the suit property till the
pendency of the suit. In as far as the contention with regards addition /
alteration in the suit property, defendant is directed to undertake them
only as per law if and when required with the permission of the
competent authority in that regard. Needless to say, Ld. Counsel for the
defendant has already stated that any work in this regard that may be
required for day to day requirements only shall be undertaken, if at all,
which shall not alter the structure of the suit property in entirety so as to
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prejudice the rights of the plaintiff. Based upon such statement of Ld.
Counsel of the defendant, no separate directions are required to be
passed with regards the same.
Application under O 39 R 1 and 2 CPC stands disposed in
the abovementioned terms.
Parties submit that there are no documents
inter se the
parties for the purpose of admission / denial.
Pleadings are complete. The following issues emerge from
the pleadings:
Issue no. 1: Whether the plaintiff is entitled to a decree of
recovery of possession of suit property (shown in red colour in site plan)
against the defendant directing him to handover peaceful and vacant
possession of the suit property? OPP.
Issue no. 2: Whether the plaintiff is entitled to a decree of
damages of Rs. 15,000/- per month w.e.f. filing of the present suit qua
the suit property till handing over of the possession thereof? OPP.
Issue no. 3: Whether the suit of the plaintiff is entitled to a
decree of permanent injunction against the defendant restraining them
from creating third party interest / parting possession / making addition /
alteration in the suit property? OPP.
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 05.03.2025.
(Gaurav Sharma)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
16.12.2024
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