Order 23

Order Details: COPY OF ORDER
Pdf Text: CS 203/23
MITHLESH SHARMA Vs. RATAN SHARMA
23.01.2026
Present: Sh.Hitesh Solanki, Ld. Counsel for plaintiff on VC.
Sh. Sachin K.Garg, Ld. Counsel for defendants
nos. 1 to 3.
None for defendant no.4 who is exparte vide order
dated 02.03.2024.
No settlement has been arrived at between the parties till
date. Affidavit of admission-denial of documents has already
been filed by the parties.
Arguments on the application under Order 39 Rule 1 & 2
CPC heard.
The plaintiff has filed the suit for declaration and
possession of the suit property which is a plot measuring 25 sq.
yds. out of a property measuring 106 sq. yds. out of khasra no. 85
and part of property no. A-10, Village Biharipur, Kaushalpuri,
Chauhan Patti, Shahdara, Delhi on the basis of a GPA,
Agreement to Sell etc. and as shown in the site plan.
As of now, defendants are in constructive possession of the
said property. It is claimed by the plaintiff that they have
forcefully put up a lock on the said property. The suit may take
some time to be decided. Hence, till the disposal of the suit the
parties shall maintain status quo in respect of the suit property.
Application disposed of.
Pleadings are complete. Hence, following issues are
framed as under:-
contd...
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ISSUES:-
1. Whether the plaintiff is entitled for a decree
of declaration to declare him the lawful owner
of property measuring 106 sq. yds. Out of
khasra no. 85 and part of property no. A-10,
Village Biharipur, Kaushalpuri, Chauhan Patti,
Shahdara, Delhi? OPP
2. Whether the plaintiff is entitled for the
possession of the said suit property? OPP
3. Whether the plaintiff is entitled for a decree
of permanent injunction against the defendants
for restraining them from alienating or
transferring the suit property to any third
person? OPP
4. Whether a proper court fees has not been
paid by the plaintiff? OPD
5. Relief
No other issue arises or is pressed for. Affidavit in
evidence alongwith list of witnesses be filed by the plaintiff
within four weeks with advance copy to Ld. Counsel for
defendant.
Put up for PE on 13.03.2026.
(SANJAY SHARMA-I)
Principal District & Sessions Judge,
North-East District, KKD, Delhi/23.01.2026
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