Order 2

Order Details: COPY OF ORDER
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2 Civ Suit 656/25
NAIMUDDIN SAIFI Vs. ZAHIRUDDIN SAIFI
06.10.2025
Present: Sh. S.A. Khan, Ld. Counsel for the plaintiff
alongwith both plaintiffs.
Defendant no. 1 in person
Sh. Sumit Jain and Sh. Rudhra, Ld. Counsel for the
defendant no. 2.
Summons issued to defendant no. 1 and 2 have been
received back duly served on 12.09.2025 and 17.09.2025
respectively.
Memo of appearance has been filed on behalf of
defendant no. 2. Taken on record.
Defendant no. 1 and 2 are directed to file WS within
stipulated time mentioned in CPC with advance copy to the
opposite party at least 15 days prior to the NDOH. The plaintiff
is directed to file replication, if any, with advance copy to the
opposite party before the NDOH.
At this stage, ld. Counsel for the plaintiffs presses
his application under Order 39 Rule 1 and 2 CPC for restraining
the defendants from creating any third party interest in the suit
property i.e. First Floor, C-11 A, gali no. 3, Old Govind Pura,
Extension, Delhi-51 and from parting with the possession of the
suit property in favour of any third person.
Defendant no. 1 and ld. Counsel for defendant no. 2
submit that they have no objection if the application is allowed as
they have no intention of creating any third party interest in the
suit property or parting with its possession.
In view of the submission and the facts and
circumstances, defendant no. 1 and defendant no. 2 are restrained
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from creating any third party interest in the suit property and
from parting with the possession of the suit property in favour of
a third person till the disposal of the suit. The application under
Order 39 Rule 1 and 2 is, accordingly, disposed of. It is clarified
that this order shall not have any bearing on the merits of the
case.
Be put up for completion of pleadings, admission-
denial/ framing of issues on 08.01.2026.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
06.10.2025
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