Order 4

Order Details: COPY OF ORDER
Pdf Text: CS No. 531/24
Ram Kishan vs Radha & Ors
File is taken up today on an application under Section 151 CPC moved on
behalf of the plaintiff.
09.10.2024
Present: Sh. Sultan Choudhary, Ld. counsel for the plaintiff (through VC).
Sh. Sachin Aggarwal, Ld. counsel for the defendant no. 1 and 2.
Today, fresh application under Order 7 Rule 14 read with Section 151
CPC alongwith the order of Hon’ble High Court of Delhi dated 11.09.2024 has
been filed on behalf of the plaintiff. Copy supplied.
Heard.
In view of the same, the applicaion under Order 7 Rule 14 CPC is
allowed. Copy of order of Hon’ble High Court of Delhi dated 11.09.2024 is taken
on record.
It is submitted by Ld. counsel for the plaintiff that the plantiff has
received the possession of the entire suit property ad-measuring 700 sq yards,
which comprises of three parts ad-measuring 500, 50 and 150 sq yards repectively.
It is submitted by Ld. counsel for the defendant no.1 and 2 that the
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plaintiff has only received possession of the property ad-measuring 50 sq yards
out of the above said portions. It is further submitted that the plaintiff had not
disclosed the status quo orders of this court dated 20.07.2024, before Hon’ble
High Court of Delhi.
Be that as it may, the court is of the opinion that as orders have
already been passed by Hon’ble High Court of Delhi and as a matter of prudence,
the matter be put up for arguments alongwith connected application under Order
39 Rule 2A, on 29.10.2024.
Meanwhile, let notice be issued to defendant no. 4 on filing of PF to
file an updated status report, pursuant to the order of Hon’ble High Court of Delhi
in writ petition (Civil) No. 12713/24, by the next date of hearing.
It is clarified that nothing stated herein would tantamount to an
expression upon the merits of the present case.
Earlier date given of 17.11.2024 stands cancelled.
Copy of this order be given dasti to Ld. counsesl for both the parties.
(VINOD JOSHI)
ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/09.10.2024
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