Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 19 Civ Suit 754/25
SMT SARITA Vs. MANOJ KUMAR
18.08.2026
Present: None for plaintiff.
Sh. Sanjeev Kumar Tomar Ld. Counsel for defendant no.1-3.
Sh. Anit Kumar Ld. Counsel for defendant no.4.
An application U/o 1 rule 10 CPC was made on behalf of
defendant no.4 seeking deletion from the array of parties. It is stated in the
application that defendant no.4 is the owner of the suit property. On being
inquired, Ld. Counsel for defendant no.4 has submitted that he wishes to
withdraw the present application U/o 1 rule 10 CPC and wish to continue as
defendant in the present suit.
In view of the submission made, the application U/o 1 rule 10
CPC stands dismissed as withdrawn.
Fresh vakalatnama has been filed on behalf of defendant no.1-3.
Same is taken on record.
It is noted that an interim order has been passed in the present case
on 31.10.2025 by Ld. Predecessor of this court thereby restraining the
defendants not to dispossess the plaintiff from the suit property without
following due process of law.
It is stated by Ld. Counsel for defendant no.1-3 that plaintiff has
not taken any steps for issuance of summons against defendant no.1-3 and
defendant no.1-3 are appearing after obtaining information of the case. It is
stated that the plaintiff is not residing in the suit property and the present case
has only been filed to harass the defendants.
The plaintiff has not appeared today despite repeated calls. The
plaintiff was absent on the LDOH as well.
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In the circumstances of the case, the plaintiff is directed to appear
in person on the NDOH to address arguments on the interim application. It is
clarified that in the event of absence on behalf of plaintiff, adverse view shall
be taken.
Be put up for arguments on the interim application on 22.10.2026.
(NITISH KUMAR SHARMA)
ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/18.08.2026
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