Order 5

Order Details: COPY OF ORDER
Pdf Text: 14Civ Suit307/23
SUSHILA DEVI Vs. NEERAJ
23.01.2024
Present: Ms. Nazreen, Proxy for Sh. M.A.Khan, Ld. Counsel for the
plaintiff.
Sh. Pradeep Sharma, Ld. Counsel for defendants No.1 to 4.
Sh. Shishir Kaushik, Proxy for Sh. Karanjot Singh Maini, Ld.
Counsel for defendantDDA.
Present suit has been filed on behalf of the plaintiff for permanent
injunction against the defendants No.1 to 5.
As per record, WS has been filed in the present matter on behalf of
the defendants no.1 to 4 only. Defendants No.1 to 4 were served in the present
case on 19.04.2023 and WS has been filed on behalf of the said defendants on
25.09.2023.
Counsel for the defendants No.1 to 4 has submitted that an
application moved U/o 8 rule 1 r/w Sec. 151 CPC on behalf of the defendants
seeking condonation of delay in filing the written statement is pending for
disposal. Counsel for the plaintiff has submitted that the plaintiff is not willing
to file any reply to the said application of the defendants and the plaintiff has no
objection, if the WS filed on behalf of the defendants is taken on record subject
to appropriate costs.
In view of the said submissions, made by the Counsel for the
plaintiff as well as keeping in view the facts and circumstances of the case such
as the case is at initial stage only and issues have not yet been framed in the
present case and the defence of the defendants is important to decide the present
case effectively, this Court deems fit to condone the delay in filing the written
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statement on behalf of the defendants subject to cost of Rs.1000/ each to be
paid by the defendants to the plaintiff on the NDOH. Subject to payment of cost
as directed by the Court, the WS filed on behalf of the defendants No.1 to 4 is
taken on record. Copy of the WS already supplied to the Counsel for the
plaintiff. He is at liberty to file replication, if any to the said WS positively by
the NDOH.
Further, last and final opportunity is given to the defendant no.5 to
file WS in the present matter positively by the NDOH, as per law, failing which
no further opportunity shall be granted and appropriate orders shall be passed
against the defendant no.5 on the NDOH.
At this stage, parties have shown their willingness to settle the
matter amicably between themselves. Accordingly, at joint request of the
parties, matter is referred to Mediation Centre, KKD Courts, Delhi for
05.02.2024 at 2.00pm.
Now, put up for report of settlement, if any / further proceedings
before this Court on the NDOH i.e., 03.04.2024.
(Fahad Uddin)
ASCJcumJSCCcumGuardian Judge,
East, KKD Courts, Delhi/23.01.2024.
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