Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 8 Civ Suit779/23
ANJU RAWAL Vs. ANJALI DUBEY
20.02.2024
Present: Sh. Lalit Kumar Rawal, SPA Holder of plaintiff in person.
Ld. Counsel for the defendant alongwith defendant.
Present suit has been filed on behalf of the plaintiff for permanent
and mandatory injunction against the defendant.
Matter is at the stage of filing of WS in the present matter on
behalf of defendant.
Today, at the request of the Ld. Counsel for the defendant, SPA
Holder of the plaintiff has supplied the copies of deficient documents alongwith
coloured photographs against due acknowledgement today.
Further, defendant is directed to file WS in the present matter
positively by the NDOH with an advance copy of the same to the SPA Holder
of the plaintiff atleast one week before the NDOH.
Further, SPA Holder of the plaintiff has requested the Court to
pass interim directions against the defendant not to damage the first floor as
well as the belongings mentioned in para 8 of the plaint till the application of
the plaintiff under Order XXXIX Rule 1 & 2 CPC is disposed off by the Court.
At this stage, defendant has submitted that she is living in the suit
property with her husband and other litigations are also going on between the
parties in the present case.
Accordingly, after hearing the submissions of the defendant in the
present case, this Court is not inclined to pass any adinterim relief in favour of
the plaintiff and against the defendant without hearing both the parties in
detail.
PTO
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Accordingly, defendant is directed to file WS in the present matter
positively by the NDOH with an advance copy of the same to the SPA Holder
of the plaintiff atleast one week before the NDOH.
Further, since the present suit has been filed by the mother in law
against the daughter in law for eviction from the suit property, accordingly, it is
required that the husband of the defendant be also made a party in the present
suit. Accordingly, plaintiff is directed to take steps for impleading the husband
of the defendant namely Sh. Mayank Rawal, as defendant no. 2 in the present
case positively by the NDOH.
Now, put up for filing of WS by the defendant/ taking steps by the
plaintiff on the NDOH i.e. 22.04.2024.
(Fahad Uddin)
ASCJcumJSCCcumGuardian Judge,
East, KKD Courts, Delhi/20.02.2024
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