Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 23 Civ Suit 458/25
DEVENDER GABA AND ORS. Vs. KISHAN CHAND SHARMA
22.05.2026
Matter is taken up physically as well as through VC.
Present: Sh. Nitin Mangla, Ld. Counsel for the plaintiff through
VC.
Sh. Sanjeev Goyal, Ld. Counsel for the defendant.
Till date no amended WS filed by the defendant to the
amended plaint filed by the plaintiff. One more opportunity sought by
the defendant to file amended WS.
Counsel for the plaintiff has drawn attention of the court
towards the order dated 12.11.2025 wherein the defendant stated that
he does not wish to file amended WS as the WS which is already on
record is sufficient. Thus, the court is of the view that the defendant
himself has forfeited his right to file amended WS.
It is stated by the defendant that the mediation setllement
arrived between the parties be declared null and void as the defendant
could not understand the terms of the settlement. The present
application does not inspire confidence.
Ld. Counsel submits that he wants to withdrawn the
application under Section 151 CPC. Accordingly, the application is
dismissed as withdrawn. Endorsement has been taken on application.
Vide separate order of even date the suit of the plaintiff is
partly decreed in his favor under Order XII Rule 6 CPC.
On the basis of pleadings the following issues arise out of
the pleadings:
-- 1 of 2 --
Issue no.1: Whether the plaintiff is entitled for a decree of
Rs.50,500/-? OPP
Issue no.2: Whether the plaintiff is entitled for a decree of
future damages @ Rs.30,500/- per month from the date of filing of the
suit till actual delivery of possession? OPP
Issue no.3: Whether the plaintiff is entitled for a decree of
Mandatory Injunction directing the defendant to clear/pay all utility
charges including water and electricity till the date of actual delivery of
possession.
Issue no.4: Relief?
Listed for PE on 10.09.2026.
(Vivek Beniwal)
SCJ-cum-RC
East/KKD/22.05.2026
-- 2 of 2 --