Interim Order 10

Order Details: COPY OF ORDER
Pdf Text: 14 Civ Suit 519/23
MST. TARANA
Vs. SHAN MOHD. @ SHANU ANSARI @
MUNNA KUMAR
16.04.2025
Present: Ms. Manish, Ld. Proxy Counsel alongwith plaintiff no.1.
Sh. V. K. Chaturvedi for D-1.
D-2 to D-4 are ex-parte.
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 permanent injunction, as
prayed for ? OPD
2. Relief.
No other issue arises or pressed for.
Perusal of record reveals that defendant no. 2 to Defendant
no. 4 are already ex-parte and defendant no.1 has already given his
statement undertaking not to interfere in the peacefull possession of the
plaintiff and not to disposses the plaintiff without following due process of
law till the disposal of the present suit.
Arguments on order 39 Rule 1 and 2 CPC heard.
Since, D-2 to D-4 are already ex-parte, therefore, the
application u/o 39 Rule 1 and 2 CPC of the plaintiff is allowed and D-2 to
D-4 are restrained from dispossessing the plaintiff from the suit property
without following due process of law till the final disposal of the present
suit.
Application u/o 39 Rule 1 and 2 CPC stands disposed off as
allowed.
Matter is now fixed for PE on 23.05.2025.
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.
Animesh Bhaskar Mani Tripathi
ACJ-cum-ARC-cum-CCJ
North-East/Karkardooma Courts,
Delhi/16.04.2025
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