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Order 5

CNR DLET03000993202425 Feb 2025
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Order 5 · 25 Feb 2025 · CNR DLET030009932024

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31 Civ Suit 612/24 BHAGAT SINGH (SENIOR CITIZEN) Vs. UPENDER
MEHTO
25.02.2025
Present: Sh. Rajeev Kumar Rai, Ld counsel for the plaintiff.
Put up for orders at 03:00 P.M.
(VINIK JAIN)
ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/25.02.2025
At 03:00 P.M
Present: None.
1. The matter is fixed for orders on the applications under Order 6 Rule
17 and Under Order 1 Rule 10 CPC filed by the plaintiff.
2. While going through the record, it was observed that certain
clarifications are required before the order is pronounced qua the aforesaid
applications.
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3. The clarifications required are as follows:-
a. The plaintiff has claimed himself as the joint owner, but no document
qua ownership has been filed.
b. In para no. 5, the plaintiff has talked about an RTI application but the
same has not been filed on record.
c. It is averred in the plaint that the defendant no.1 has made forged
GPA, Sale Deed of the suit premises but still the plaintiff has ignored to obtain
declaration that the aforesaid GPA and sale deed is null and void.
d. The plaintiff has also omitted to seek relief of possession despite
averring that the defendant no.1 is intending to grab the suit premises from the
plaintiff.
e. In para no. 7, the cause of action has been stated to first arise on
22.02.2022 but no clarification or document has been filed in that support.
f. What is the locus standi of the plaintiff to seeks relief of mandatory
injunction qua prayer clause (a) and (b).
Put up for clarifications on the aforesaid points on 21.04.2025.
(VINIK JAIN)
-- 2 of 3 --
ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/25.02.2025
-- 3 of 3 --

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