Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS No. 195/24
Queenie Sharma Vs. P K Vats and Associates
29.05.2024
Present : Mr. Vishal Gohri, Ld. Counsel for the plaintiff.
Mr. Taran Sharma, Ld. Counsel for the defendants.
Vakalatnama is filed by Ld. Counsel for the defendants.
As per the report of the Ahlmad, summons were served
upon the defendants on 22.05.2024.
Ld. Counsel for the defendants submits that he has not
received some of the documents filed alongwith the plaint.
Ld. Counsel for the plaintiff undertakes to supply the
deficient documents today itself.
Let the same be done.
Let written statement be filed within 30 days from
receiving copy of the deficient documents after supplying
advance copy to the Ld. Counsel for the plaintiff.
Ld. Counsel for the plaintiff requests that his application
under Order 39 Rules 1 & 2 r/w Section 151 CPC be decided.
On asking by the Court, Ld. Counsel for the defendants
admits that the defendants are in possession of bearing Flat
No. F-4, Upasna Building, 1, Hailey Road, New Delhi as tenants.
Arguments are heard and record is perused.
Clause 11 of the lease deed provides that the lessee shall
not create any third party interest in the property in question.
It is stated in the plaint that the defendants are trying to
handover possession of the property to a third person.
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Since the Ld. Counsel for the defendants has admitted that
the defendants are tenants in the above property and in view of
Clause no. 11 of the lease deed, the application under Order 39
Rules 1 & 2 r/w Section 151 CPC is allowed.
The defendants are restrained from creating a third party
interest in the above property.
It is clarified that these directions are passed without
giving any finding on the allegation of the plaintiff that the
defendants are trying to handover possession of the above
property.
Let replication be filed within 30 days of receiving copy of
the written statement and after supplying advance copy to the
Ld. Counsel for the defendants.
Let affidavits of admission and denial of documents and
proposed issues be filed by the next date of hearing after
supplying advance copy to the opposite party atleast seven days
prior to the next date of hearing.
To come up for framing of issues on 31.07.2024.
(Shirish Aggarwal)
District Judge-03
Patiala House Courts, New Delhi
29.05.2024
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