Interim Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 19
Civ Suit 314/24
BISHWAMBHRI DEVI ( SENIOR CITIZEN) Vs. Ritu Sharma
12.03.2025
Present: LRs of plaintiff in person.
Sh. Raji Pal S. Bhadana, Ld. LAC for the defendant.
Arguments on application u/O 39 Rule 10 CPC already
heard.
By way of the application, the LRs of the plaintiff has
prayed for recovery of the arrears of rent w.e.f. February, 2024.
However, perusal of the record reveals that the issue regarding
recovery of possession from the defendants / tenant has already stands
settled in view of the statement dt. 03.09.2024 and order dt.
16.10.2024. Further, perusal of order dt. 16.10.2024 reveals that the
only issue left to be adjudicated upon is whether the plaintiff is entitle
to decree of arrears of rent, if any, at what rate and for what period ?
OPP, which fairly covers the prayer of the application u/O 39 Rule 10
CPC filed by the plaintiff.
In view of the same, for proper adjudication and as a
balance of convenience, the application will be decided only at the
time of final adjudication of the present suit after evidences are led
from both the side.
With these observation, the application at hand is kept in
abeyance to be decided at the time of final judgment / order.
Evidence by way of affidavit is already on record. Last
and final opportunity is granted to the parties to conclude PE.
Put up for PE on 29.04.2025.
Animesh Bhaskar Mani Tripathi
ACJ-cum-ARC-cum-CCJ
North-East/Karkardooma Courts,
Delhi/12.03.2025
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