Order 2

Order Details: COPY OF ORDER
Pdf Text: CS No. 159/24
REHMAT BE Vs. NASIR KHAN
06.04.2024
Present : Sh. M. Gulzar Ali, Ld. Counsel for plaintiff.
Sh. Abdul Gaffar, Ld. Counsel for defendant no. 2
alongwith defendant no. 2.
Defendant no. 2 in person.
Despite specific directions for the issuance of notice to
the concerned SDM for calling of the report required for the
disposal of the application U/o XXXIII Rule 1 & 2 r/w Sec. 151
Code of Civil Procedure, notice not issued by the Ahlamd. Ahlmad
is warned to remain careful in future. In the interest of justice, issue
fresh notice in terms of previous order.
Put up for the consideration of the report to be received
from the office of concerned SDM as well as for the arguments on
the aforesaid application of the plaintiff on 03.08.2024. At this
stage, it is submitted by the Ld. Counsel for the plaintiff that
defendants had threatened and fired upon the plaintiff. It is also
submitted that in that regard one FIR was also lodged against the
defendants. It is submitted that plaintiff has apprehension that
defendants may create third party interest in the suit property and
requested that status quo be directed to be maintained till next date
of hearing. Ld. Counsel for defendants submits that he will file
written statement within prescribed time period in accordance with
law.
Keeping in view the submissions of the Ld. Counsel for
plaintiff all the parties are directed to maintain the status quo till the
next date of hearing so that the present suit be not become
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infractuous. Ld. Counsel for the defendant submits that he has not
been heard before making the directions of status quo. He has been
reminded politely that the orders for maintaining the status quo till
next date of hearing have been passed in his presence only and he
has all the rights/opportunity to make submissions.
At request, copy of this order be given dasti to both
parties.
(Manu Vedwan)
District Judge-02/North-East,
KKD Courts, Delhi/06.04.2024
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