Full Order Text
Interim Order 9 · 16 Mar 2026 · CNR DLNE030005632024
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: 16 Civ Suit 371/24 NEELAM Vs. SANDEEP KUMAR Present: Sh. R.S. Pawar and Sh. Shashi Kant, Ld. Counsel for the plaintiff. Dr. Radha Parihar, Ld. Counsel for the defendant No. 2. Defendant no. 3,4 and 5 are already ex parte vide order dated 08.10.2024. Defendant no. 1 is already ex parte vide order dated 05.03.2025. Defendant no. 6 is absent. Arguments heard on application u/O VI Rule 17 of CPC. Ld. Counsel for the plaintiff has submitted that vide order dated 08.10.2024 prayer no.5 alongwith prayer no.1, 6 and 7 were inadvertently dropped as a consequence of statement made by Ld. Counsel for the plaintiff. The statement of Ld. Counsel for the plaintiff is perused and it is clear that it contains mention that prayer no. 5 be dropped alongwith prayer no. 1, 6 and 7. It is argued by Ld. Counsel for the plaintiff the prayer no. 5 constitutes the essence of the instant suit and dropping of that prayer would render the plaintiff completely remediless. Per contra, Ld. Counsel for defendant has submitted that the relief contained in prayer no.5 was already granted to the plaintiff vide separate order passed by Ld. Mahila court. In view of the above submissions, it is thus clear that no prejudice would be caused to the defendant, if the propose Contd… -- 1 of 2 -- -2- amendment is permittted. Accordingly, the application u/O VI Rule 17 of CPC is disposed off as allowed. It may also be recorded that an application u/O VII Rule 11 of CPC was disposed off as withdrawn and application u/O 39 Rule 1 & 2 CPC remains to be adjudicated. Perusal of record would reveal that pleadings are complete. From the pleadings of the parties and the material on record, the following issues are framed in the present suit:- 1. Whether the plaintiff is entitled to decree of mandatory injunction, as prayed for ? OPP 2. Whether the plaintiff is entitled to decree of permanent injunction, as prayed for ? OPP 3. Whether the defendant no.2 is the owner of suit property, as prayed for ? OPD 4. Whether the suit is maintainable in the present form ? OPD 5. Relief. No other issue arises or pressed for. Matter is now fixed for PE on 04.05.2026. Plaintiff is directed to file list of witnesses and their evidence by way of affidavit and supply advance copy thereof to the opposite counsel atleast one week before the next date. Pranat Kumar Joshi ACJ-cum-ARC-cum-CCJ North-East/Karkardooma Courts, Delhi/16.03.2026 -- 2 of 2 --