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Order 2

CNR DLET03001309202511 Apr 2026
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Order 2 · 11 Apr 2026 · CNR DLET030013092025

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 12 Civ Suit 813/25
SH NAVEEN KUMAR Vs. SH SUDERSHAN MALIK
11.04.2026
Matter is taken up physically as well as through VC.
File taken up today as 03.03.2026 was declared holiday.
Present: Sh. Y. K. Sharma & Sh. Tarang Kaushik, Ld. Proxy
Counsel for the plaintiff.
Sh. Sachin Sharma, Ld. Counsel for the defendant no.2 &
3.
Defendant no.1 served with summons by way of affixation
on 03.12.2025. Time for filing WS on behalf of defendant no.1 has
already lapsed.
Considering, no one has appeared for defendant no.1 and
the opportunity for filing the WS afforded to defendant is closed.
Defendant no.1 has proceeded ex-parte.
Replication filed by the plaintiff to the WS filed by
defendant no.2 & 3.
On the basis of pleadings of the parties, following issues
are framed for adjudication:-
Issue No.1: Whether the plaintiff is entitled for a decree of for
declaration in favour of the plaintiff? OPP
Issue No.2: Whether the plaintiff is entitled for a decree for recovery of
mesne profit/damages/occupation charges amount of Rs.10,000/-
alongwith interest @ 18% per annum against the defendants no.1
and other defendants since 15.09.2025 to till? OPP
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Issue No.3: Whether the plaintiff is entitled for a decree of permanent
injunction in favour of the plaintiff and against the defendants?
OPP
Issue No.4: Whether the plaintiff is entitled for a decree of mandatory
injunction in favour of the plaintiff and against the defendants?
OPP
Issue No.5: : Relief?
Listed on 17.07.2026 PE and also for arguments on u/O
XXXIX Rule 1 & 2.
(Vivek Beniwal)
SCJ-cum-RC
East/KKD/11.04.2026
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