Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: 6 Civ Suit 33/25
VICKY Vs. KAMLA
02/04/2025
Present: Plaintiff with Ld. Counsel Sh. M.L. Gupta,
Sh. Atul Sharma, Ld. LAC for the defendant no. 1
along with defendant no. 1.
Defendant no. 2 in person.
Copy of appointment letter has been filed by the Ld.
LAC for D-1.
Ld. LAC for the defendant no. 1 seeks some time to
file the WS.
Ld. LAC submits that the copy of the pleadings and
documents supplied to D-1 is illegible.
Let legible copy of the pleadings and documents be
supplied to D-1 during the course of the day against
acknowledgment.
Written statement, if any, be filed with the period of
limitation with advance copy to the opposite party.
Replication, if any, be filed before NDOH with
advance copy to the opposite party.
At this stage, D-2 submits that he is ready to vacate
the property (of which he is in possession) and handover the
vacant and peaceful physical possession of the property to the
plaintiff. He further states that the plaintiff is in possession of his
portion of the property and further states that the plaintiff is also
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ready to handover vacant and peaceful physical possession of the
said portion to him.
Ld. Counsel for the plaintiff confirms the same and
further submits that the plaintiff and D-2 shall do the needful by
next date of hearing and confirm the same on the next date of
hearing.
At this stage, Ld. Counsel for the plaintiff submits
that the defendants are in the process of creating third party
interest in the suit property and requests that his application U/o
39 Rule 1 & 2 CPC may be decided.
Ld. LAC for the defendant no. 1 submits that he has
been recently appointed and needs some time to file the reply to
the application and to argue on the application. He states that he
has no objection if the parties are directed to maintain status quo
till next date of hearing.
In view of the submissions made and in order to
preserve the suit property, both the parties are directed not to
create any third party interest in the suit property and to maintain
status quo till next date of hearing.
Now to come up for completion of
pleadings/framing of issues on 29/05/2025.
(PRIGYA GUPTA)
SCJ-cum-RC (North-East)
KKD Courts/02/04/2025
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