Order 11

Order Details: COPY OF ORDER
Pdf Text: CS SCJ 106/22
DWAPAYAN GUPTA Vs. SHARDA AGGARWAL
05.12.2023
Present: Plaintiff in person.
Sh. Vikas Kumar Sinha, Ld. Counsel for the defendant.
An application seeking wavier of cost imposed for restoration
of the suit has been moved by the plaintiff. The ground so raised in the
application has already been duly discussed and considered while
deciding the application under Order 9 rule 8 CPC.
Since no fresh grounds are made, application is disposed off
as dismissed.
Cost of Rs. 10,000/- paid.
Matter was at the stage of framing of issues before being
dismissed for default.
Submissions on issues heard.
On the basis of the pleadings of the parties, the following
issues are framed :-
1. Whether the relationship of landlord and tenant exists between the
parties? OPP
2. Whether the plaintiff is entitled to a decree of permanent injunction
against the defendants restraining them from dispossession the plaintiff
from the above stated premises without following the due process of law?
OPP.
3. Whether the plaintiff is entitled to a decree of permanent injunction
against the defendants restraining them from creating any obstruction
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including placing any plants, locking the gates etc. in the common
passage from the main gate at point A and the stair case at point B in the
site plan annexed with the plaint? OPP.
4. Relief.
Neither any other issue is being pressed for by the parties nor
any other issue arises from the pleadings filed. Both the parties are
directed to file their list of witnesses within 15 days from today.
The plaintiff is directed to supply an advance copy of the
affidavits of its witnesses to the defendant, one week in advance of the
next date of hearing, failing which cost of Rs. 1000/- shall be imposed.
Further, witness is directed to bring all original documents relied upon on
NDOH for the purpose of examination.
Put up for PE on 29.02.2024.
(AMARDEEP KAUR)
CJ-01/PHC/ND/05.12.2023
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