Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: Civ Suit no.45/23
MAHENDER KUMAR THUKRAL Vs. ATIF HUSSAIN
22.11.2023
Present: None for the plaintiff.
Sh. Shazan Khan, ld. Counsel for the defendant with
defendant in person.
Be awaited.
(Sonam Singh-I)
SCJ-cum-RC,
North East District,
KKD/Delhi/22.11.2023
At 12.02 PM:
Present: Sh. D.K.Malhotra, ld. Counsel for plaintiff.
Sh. Vishnu Sharma, ld. Counsel for the defendant with
defendant in person.
In terms of previous order, affidavit of admission/denial filed
on behalf of defendant. Copy supplied.
Heard. File perused.
On the basis of material on record, following issues are
framed for adjudication:
Issue no.1 : Whether the plaintiff is entitled to the relief of
decree of possession as stated in prayer clause-(a)?
OPP.
Issue no.2 : Whether the plaintiff is entitled to the relief of
decree of rent as stated in prayer clause-(b)? OPP.
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Issue no.3 : Whether the plaintiff is entitled to the relief of
decree of damages/mesne profit as stated in prayer
clause-(c)? OPP.
Issue no.4 : Whether the plaintiff is entitled to the relief of
decree of permanent injunction as stated in prayer
clause-(d)? OPP.
Issue no.5 : Whether the suit is not maintainable as the plaintiff
has no locus-standi in the present case ? OPD
Issue no.6 : Whether the suit is not maintainable as the plaintiff
is guilty of suppressing of material facts as he has
not come to the court with clean hands ? OPD
Issue no.7 : Whether the suit is not maintainable as it is filed
without any cause of action ? OPD
Issue no.8 : Relief.
No other issue arises or is pressed for.
Plaintiff is directed to file list of witnesses within 15 days
from today alongwith affidavit of evidence of witnesses with advance
copy of same to the other side one week prior to the next date of hearing.
List the matter for for PE on 20.01.2024.
(Sonam Singh-I)
SCJ-cum-RC,
North East District,
KKD/Delhi/22.11.2023
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