Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: 11 Civ Suit 580/24
ROHIT JAIN Vs. DWARIKA SAW
21/07/2025
Present: Sh. Vishwas Ahuja and Sh. Vaibhav Gupta, Ld.
Counsels for the plaintiff through VC.
Sh. Ashutush Kumar, Ld. Proxy Counsel, for the
defendant no. 1 and 2.
Ms. Rita Rana, Ld. Counsel for D-3
WS on behalf of D-3 has been filed along with an
application for condonation of delay.
Ld. Counsel for the plaintiff submits that he has
already received the copy of the WS of D-3 with copy of
application for condonation of delay.
Let copy of the WS of D-3 be supplied to D-1 and
D-2.
It is observed that a separate application was moved
on behalf of defendant no. 1 and 2 on 18/03/2025 seeking
condonation of delay in filing their written statement which is
also pending disposal.
Ld. Counsel for the plaintiff submits that he does not
intend to file reply to the applications seeking condonation of
delay in filing the WS moved on behalf of defendant no. 1 and 2
as well as defendant no. 3 and submits that he has no objection in
case the said applications are allowed.
Considering the facts as mentioned in the
applications seeking condonation of delay in filing the WS
moved on behalf of defendant no. 1 and 2 as well as D-3 and the
no objection made on behalf of the plaintiff, the applications at
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hand seeking condonation of delay in filing the WS on behalf of
defendant no. 1 and 2 as well as defendant no. 3 stand allowed.
WS of defendant no. 1 and 2 as well as defendant no. 3 are taken
on record.
At this stage, Ld. Counsel for the plaintiff submits
that he does not intend to file replications to the written
statements of the defendants.
Pleadings are complete. On the pleadings of the
parties, following issues are being framed :-
1. Whether the plaintiff is entitled to the relief of mandatory
injunction as prayed for in prayer clause A? OPP.
2. Whether the plaintiff is entitled to the decree of possession
as prayed for in prayer clause B? OPP.
3. Whether the plaintiff is entitled to the decree of permanent
injunction as prayed for in prayer clause C? OPP.
4. Whether the suit is not maintainable for want of cause of
action against defendant no. 3? OPD-3.
5. Whether the plaintiff has no locus standi to file the present
suit? OPD-3.
6. Relief.
No other issue arises or is pressed for. List of
witnesses by both the parties be filed within 15 days from today
with advance copy to the other side.
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Affidavits of evidence of PWs be filed on or before
the NDOH with advance copy to the defendant at least one week
prior to the NDOH.
Now to come up for PE on 19/09/2025.
(PRIGYA GUPTA)
SCJ-cum-RC (North-East)
KKD Courts/21/07/2025
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