Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 3 CS 114/26
DARSHNA ALIAS SARWATI Vs. SURAJ PRAKASH
13.07.2026
At 10 AM,
Present: Ld. Counsel for plaintiff
Despite calls, none appeared on behalf of defendant.
On the other hand, Ld. counsel for plaintiff pressed upon for
orders of status quo. Since the matter is taken up on application
for early hearing, be awaited for defendants.
Now to come up at 11:30 AM.
(Anubhav Jain)
District Judge -05, NDD,
PHC/ND/13.07.2026
At 11:30 AM,
Presnet : Ld. Counsel for plaintiff
Smt. Sushma Kumari, Smt. Maina Devi, Smt.
Kamlesh, Smt. Santosh w/o Sh. Suraj Prakash and
Smt. Pooja in person.
Perusal of record reveals that the matter was listed
on 29.05.2026 when this court was on leave and matter was fixed
for 04.08.2026.
That thereafter, an application for early hearing was
filed no behalf of plaintiff on 05.06.2026 and notice of the same
were issued upon the defendant for 13.07.2026. As per the
summons report, summons of the application are duly served
upon the defendant.
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Perusal of record reveals that in the present matter
summons were duly served upon the defendant in April 2026 and
defendant marked their appearance before this court on
18.04.2026. Despite the lapse of more than two months, written
statement is not filed on behalf of defendant.
Present suit for partition is filed by the plaintiff
against the defendants herein claiming herself as well as
defendants as legal heirs of late Sh. Charan Singh. It is averred
that late Sh. Charan Singh was owner of three properties, i.e.
i) H. No. 298, near Ambedkar Chawk, Village Munirka,
Delhi, measuring approx 95 sq. yds.,
ii) H. No. 346, near Ambedkar Chawk, Village Munirka,
Delhi, measuring approx 120 sq. yds., and
iii) Plot No. 347/3, (adjacent of H. No. 346) near Ambedkar
Chawk, Village Munirka, Delhi, measuring 75 sq. yds.
It is further alleged that the plaintiff after being
married started residing in her matrimonial home but was having
constructive possession over the said properties. It is further
stated that plaintiff being one of the legal heir of late Sh. Charan
Singh also had share in his properties, however defendants are
trying to create third party interest in the same.
It was argued by Ld. counsel for plaintiff that the
defendants herein have already entered into an agreement to sell
with respect to property bearing Plot No. 347/3, (adjacent to H.
No. 346) near Ambedkar Chawk, Village Munirka, Delhi,
measuring 75 sq. yds. with one Smt. Maina Devi i.e. defendant
no.2. It is further stated that the defendants herein are trying to
dispose of all the properties without handing over the share of the
plaintiff.
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Considering the averment so made by the plaintiff in
her plaint as well as in order to protect the suit property, the
defendants are hereby restrained from creating any third party
interest in the suit properties till NDOH, i.e. 04.08.2026.
It is further made clear that in case adjournment is
sought on behalf of plaintiff on NDOH, the stay shall vacate
automatically. Copy of order sheet be given
dasti, as prayed for.
At this stage, one of the defendant state that she has
not engaged any counsel and same may be provided. The parties
herein are referred to DLSA, NDD, Patiala House Court with
request to Ld. Secretary to provide legal aid to the defendants
herein.
Now to come up on 04.08.2026.
(Anubhav Jain)
District Judge -05, NDD,
PHC/ND/13.07.2026
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