Full Order Text
Order 5 · 17 May 2023 · CNR DLNE030000872023
Order Details: COPY OF ORDER Pdf Text: Civ Suit 45/23 Mahender Kumar Thukral vs. Atif Hussain 17.05.2023 Present: Plaintiff in person alongwith learned counsel Sh. D.K. Malhotra. Defendant in person alongwith learned counsel Sh. Vishnu Sharma. It is stated by learned counsel for the defendant that he is not pressing the issue of maintainability at this stage. With the consent of both the parties, I have heard the arguments on the application filed under Order 39 Rule 1 & 2 r/w section 151 CPC. During course of the arguments, it is stated by the learned counsel for both parties that they shall not create any third party interest in the suit property during pendency of the suit. Heard. File perused. Let statement of both the parties to this effect be recorded. Statements recorded. In view of the statement of the parties, the application filed under Order 39 Rule 1 & 2 CPC stands disposed of. The parties are hereby restrained from creating any third party interest, either in whole or in part, in the suit property in any manner whatsoever, till the final disposal of the present suit. Further, the plaintiff is restrained from dispossessing the defendant from the suit property, as shown in red colour in the site plan, without following the due process of law. However, it is clarified that this order is without prejudice to the rights -- 1 of 2 -- -2- and contentions of the parties and shall not be construed as recognizing any ownership rights/title of the parties with regard to the suit property. Further, no special equities shall flow in favour of the parties because of his order. At this stage, it is stated by the learned counsel for the defendant that plaintiff has filed additional documents alongwith the replication without permission of the court and hence, the same cannot be taken on record. In reply, it is stated by learned counsel for the plaintiff that since it was a suit for ejectment of tenant, he had not filed the title documents alongwith the plaint but now as the defendant in his written statement has denied the landlord-tenant relationship and has disputed the ownership of the plaintiff, he has filed the documents in order to prove the ownership. Heard. At joint request, list on 26.07.2023 for consideration of the above objection taken on behalf of the defendant/admission-denial of documents and framing of issues. (Babita Puniya) SCJ-cum-RC, North East District, KKD/Delhi/17.05.2023 AG -- 2 of 2 --