Order 7

Order Details: COPY OF ORDER
Pdf Text: CS/401/2025
DLNE010032162025
HARISH BEDI
Vs.
NEELAM BEDI
17.10.2026
Present: Plaintiff in person with ld. counsel.
D-1, D-2 and D-4 with Ld. counsel.
None for D-3.
1. D-3 served through publication in ‘
Statesman’ on 24.08.2026 and
also through affixation on 22.08.2026. Despite the said service, none
appears for D-3. Despite expiry of statutory time, D-3 has neither
entered appearance nor filed the written statement. Thus, the right of
D-3 to file written statement is closed. She is proceeded ex-parte.
2. The other defendants have filed their written statements (with D-1
filing her written statement and a separate written statement jointly
filed by D-2 and D-4). With the said written statements, IA no. 2/26
and 3/26 have been preferred seeking condonation of delay in filing
of said written statements. Copies supplied.
3. After some arguments, counsel for plaintiff, on instructions, does not
object to the above applications. Accordingly, IA no. 2/26 and 3/26
are allowed and the delay in filing of the above written statements is
condoned.
4. The respective written statements of D-1; and joint written statement
of D-2 and D-3 are taken on record.
5. Counsel for plaintiff presses his application for interim relief
whereby plaintiff has sought an interim injunction against the
defendants from creating any third party interest in the suit property.
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6. Arguments heard.
7. Defendants, in their written statements, have admitted that plaintiff
has a share in the suit property and thus, considering the same
plaintiff is able to meet the triple test for grant of interim injunction.
8. Accordingly, all the parties are restrained from creating any third
party interest or parting with possession of the suit property till final
disposal of the suit. Application is disposed off.
9. During hearing, counsel for D-1 pointed out that plaintiff is parking
his scooty in the court yard of the suit property which causes
immense difficulty in the use of court yard by D-1. D-1 is admittedly
the widow mother of plaintiff and is stated to be a senior citizen.
10.Plaintiff fairly submits that till NDOH, he shall park his scooty
outside the house/suit property just to buy peace. Let plaintiff do the
same till next date.
11.Plaintiff does not wish to file any replication. Pleadings are
complete.
12.Considering the pleadings on record, in my humble opinion, the
present suit can be decided u/O XII Rule 6 CPC r/w Order XV Rule
1 CPC.
13.Accordingly, parties are called upon to address arguments on this
issue on next date.
14.List on 24.10.2026.
AASHISH GUPTA
DJ-01/NE/KKD/DELHI
17.10.2026
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