Order 11

Order Details: COPY OF ORDER
Pdf Text: 13 CS/303/2024
DLNE010025682024
ASMA
Vs.
SHEIKH MUHID
01.09.2026
Present: Ld. Counsel for plaintiff with plaintiff.
Mr. Azad Ahmad and Md. Ameer Hamza, Ld. Counsel for
all defendants.
IA No. 4/26 (D-2's application U/O VII Rule 11 CPC
1. After some arguments, D-2 seeks to withdraw this application. The
application is dismissed as withdrawn.
CS 303/2024
2. Despite opportunities, D-1 is yet to pay cost in terms of para 3 of
order dated 11.05.2026. Counsel for defendants submits that D-1 was
earlier proceeded ex-parte and now, he is not in touch with the
Counsel. He seeks to withdraw his vakalatnama on behalf of D-1.
3. D-1 is already ex-parte in the matter in terms of order dated
04.07.2025. Counsel is allowed to withdraw his vakalatnama qua D-
1 and he shall continue to appear for D-2 to D-4.
4. Separate affidavits of admission/denial filed on behalf of D-2 to D-4.
Copy supplied.
5. Affidavit of admission/denial also filed on behalf of plaintiff. Copy
supplied.
6. Pleadings in the matter are complete. Thus, admission/denial stands
complete. Based on the pleadings of the parties the following issues
are framed:-
(i) Whether plaintiff is entitled to a decree of declaration as prayed
for in prayer (i) of the plaint? OPP
(ii) Whether plaintiff is entitled to a decree of partition as prayed for
in prayer (ii) of the plaint? OPP.
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(iii) Whether plaintiff is entitled to a decree of permanent injunction
as prayed for in prayer (iv) of the plaint? OPP.
(iv) Whether D-4 is the absolute owner of the suit property by virtue
of gift deed dated 28.02.2025? If yes, its effect? OPD
(v) Relief.
7. No other issue arises from the pleadings of the parties or is pressed
for.
8. Parties are directed to file their list of witnesses within 2 weeks from
today. Plaintiff to file affidavit in evidence of all his witnesses at
least 15 days prior to the next date of hearing with advance copy to
the other side. List for PE on 18.01.2027 and 19.01.2027.
9. At this stage, on joint request of parties, the matter is referred to
Mediation for 10.09.2026 at 2:00 PM. This is in terms of directions
received as per letter dated 28.11.2025 of MCPC, Supreme Court of
India under the heading ‘Mediation for the Nation 2.0'.
10. In case the matter is not settled, matter shall be taken up for
PE in terms of schedule fixed.
Aashish Gupta
DJ-01/NE/KKD/DELHI
01.09.2026
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