Order 1

Order Details: COPY OF ORDER
Pdf Text: CS DJ 210/26
ARUN CHAUHAN Vs. NITIN TOMAR ALIYAS SONU
19.05.2026
Present : Mr. Sohan Lal, Ld. Counsel for plaintiff alongwith plaintiff in
person.
Mr. Rajnish, Ld. Counsel for defendant no. 1 and 2 alongwith
defendant no. 1 Nitin Tomar in person.
Fresh vakalatnama is filed on behalf of defendants.
Heard. Record perused.
An application moved by the plaintiff under Order 6 Rule 17 CPC
has already been allowed. Consequently, amended plaint stands taken on
record.
Now, this court intends to issue summons for settlement of issues
to the defendants. Present Counsel Mr. Rajnish with defendant no. 1 Nitin
Tomar in person (duly identified by plaintiff present into court) accepts the
summons for settlement of issues on behalf of both the defendants in the court
itself. Accordingly, defendants stand served.
Let the entire set of paper book be supplied to defendants
against acknowledgment within a week. Thereafter, written statement be
filed within statutory period and reply to the application under Order 39
Rule 1 & 2 CPC be filed by next date after supplying the copy to the
opposite counsel against acknowledgment. Thereafter, replication be filed
in the like manner.
At this stage, counsel for plaintiff seeks an ad-interim stay
thereby restraining the defendants from selling, mortgaging and creating any
third party interest in the suit property till next date.
Contd…..
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Prayer is opposed and it is categorically stated by defendant no. 1
that he is neither the owner nor in possession of the suit property and defendant
no. 2 Karamjeet Singh Gahlot who happens to be his nephew, is the owner and
in possession of the suit property. He states that at the time of preparation of
documents qua the suit property, he accompanied defendant no. 2 and at that
time the property was built upto 3-4 feet in height. He also states that he was
present with defendant no. 2 at the time of installation of gate and electricity
meter at the suit property. Separate statement of defendant no. 1 is recorded in
this regard.
Heard. Record perused.
It is gained that the plaintiff is claiming the ownership of the
property having purchased the same from Mr. Rampal. Thus, considering that
there is a dispute in respect of title between the parties, both the parties are
hereby restrained from selling, mortgaging and creating any third party
interest in the suit property till next date of hearing.
Put up for appearance of parties, production of original
documents, admission / denial of documents, if any, examination under
Order 10 CPC, exploration of the chances of resolution of dispute by
alternate mode under Order 89 CPC, arguments on application under
Order 39 Rule 1 & 2 CPC on 06.10.2026.
(Aanchal)
District Judge-03, Rohini Courts
North District, Delhi
19.05.2026 (jy)
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