Order 5

Order Details: COPY OF ORDER
Pdf Text: CS326/23
SUDHA SHARMA AND ANR.
Vs.
SURESH CHAND SHARMA AND ORS.
03.06.2024
Present: Ld. Counsel for plaintiff(s).
Ld. Counsel for defendant(s).
Perusal of plaint shows that one plaintiff No. 3 is also party
to the suit wherein qua him it is stated that he is deemed to be dead. On
inquiry, Counsel for plaintiffs submit that a declaration qua death of said
plaintiff Pawan Sharma @ Tarun Sharma was also obtained from the
concerned Civil Court by plaintiff No. 1 on 04.04.2024 and he has also
placed on record copy of the said judgment.
Now, once the said Pawan Sharma @ Tarun Sharma is
already dead, he cannot sue in the capacity of plaintiff No. 3. It appears
that the said person was already dead at the time of filing of this suit. Be
that as it may, since the other two plaintiffs are LRs of Pawan Sharma @
Tarun Sharma, there is no need to implead the LRs of the said plaintiff.
At this stage, arguments on application U/O XXXII Rule 1
CPC moved by plaintiff to allow P-1 to act as natural guardian of P-2
heard. Counsel for defendants submit that he has no objection in case the
said application is allowed. Accordingly, P-1 is taken as guardian of P-2
for the purposes of this suit. Application is disposed off.
Arguments on application U/O VII Rule 11 CPC moved by
defendants heard. The same is disposed off with opportunity to the
plaintiff to properly value her each relief and pay appropriate court fees
on the same within 6 weeks from today.
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At this stage, considering the nature of suit, let parties
maintain status quo qua possession as well as ownership of the suit
property till next date of hearing.
Considering the relationship between the parties, matter is
referred to Mediation Centre for 04.07.2024 at 2:00 PM.
List before this Court on 16.08.2024 for report of settlement
and compliance of order passed on the application U/O VII Rule 11 CPC.
Dasti.
Aashish Gupta
DJ-01/NE/KKD/DELHI
03.06.2024
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