Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 23Civ Suit531/24RAM KISHAN (SR. CITIZEN) Vs. RADHA AND ORS
29.10.2024
Present: Sh. Sultan Chaudhary, Ld. counsel for the plaintiff (through VC).
Sh. Sachin Aggarwal, Ld. counsel for the defendant no. 1 and 2.
An application has been filed on behalf of the plaintiff to take on
record the field report of SHO. Copy supplied.
Heard.
The application is allowed. The documents are taken on record.
Arguments heard on the application under Order 39 Rule 1 and 2
CPC.
It is submitted by Ld. counsel for the plaintiff that he has already
received the vacant and peaceful possession of the suit properties in pursuance of
order of Hon’ble High Court of Delhi in W.P (C) 12713/2024.
Ld counsel for the defendant no. 1 and 2 submits that as vacant and
peaceful possession of the suit properties is already handed over to the plaintiff,
he has no objection, if the application of the plaintiff under Order 39 Rule 1 and 2
CPC may be allowed.
In view of the same, the application under Order 39 Rule 1 and 2
CPC stands allowed. Defendants no. 1, 2 and 3 are hereby directed not to interfere
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with the possession of the plaintiff over the suit properties i.e three properties i.e
500 sq yards, 150 sq yards and 50 sq yards in khasra no. 332/80, Village Chilla
Saroda Bangar, till the final disposal of the case.
Both the parties are directed to file affdiavit of admission/denial of
documents on the next date of hearing.
Put up for admission/denial of documents and framing of issues on
05.02.2025.
(VINIK JAIN)
ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/29.10.2024
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