Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
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CS DJ 226/23
ANITA JAIN Vs. YOGESH KUMAR (SINCE DEASED
THROUGHHIS LEGAL HEIRS) AND ORS.
17.05.2024
Present: Sh. Anil Kumar proxy counsel for the plaintiff
Sh. Taksh Suri Counsel for the LRs of defendant no.
1 through VC.
Sh. Amit Bhardwaj counsel for defendant no. 2 to 5.
Affidavit of admission/denial has been filed on
behalf of the LR of defendant no.1.
Ld. counsel for the parties states that mediation is
not possible at this stage.
From the pleadings of the parties, following issues
are hereby framed :
1. Whether the plaintiff is entitled to preliminary decree of
partition with 1/6th share in the suit property admeasuring
175 sq. yards bearing no. B-3/14, Model Town, New Delhi
? OPP.
2. Whether the plaintiff is entitled to final decree of partition
by meets and bounds for separated 1/6th share in the suit
property? OPP
3. Whether the plaintiff is entitled to declaration against
defendant no. 1 (i) to (iii) declaring mutation order dated
13.10.2005 in favor of late Yogesh Kumar Virat as null and
void and not effecting 1/6th share of the plaintiff ? OPP
4. Whether the plaintiff is entitled to declaration against
defendant no. 1 (i) to (iii) declaring relinquishment deed
dated 13.09.2021 executed by Mansha Virat and Piyush
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Virat in favour of Bindu Virat vide registration no. 12626
in book no.I, vol. No. 10106 on pages 184 to 190 dated
15.09.2021 be declared as null and void?OPP
5. Whether the plaintiff is entitled to permanent injunction
restraining defendants from selling transferring alienating
or creating third party interest or parting with possession of
suit property i.e. 175 sq. yards bearing no. B-3/14, Model
Town, New Delhi? OPP
6. Whether Smt. Mishri Devi executed will dt. 13.03.2001 in
favour of late Sh. Yogesh Kumar and if so its effect?OPD
7. Whether the plaintiff has not paid appropriate court fees ?
OPD
8. Relief.
No other issue arises or is pressed for.
List of witnesses, if any, be filed by both the parties within
15 days from today.
Now, to come up for PE by way of affidavit on
04.09.2024.
Advance copy of affidavit of witnesses be supplied to the
opposite party at least one week before the next date.
Interim order dated 19.07.2023 is extended till further orders.
(VIKRAM BALI)
DISTRICT JUDGE-2/NORTH/ ROHINI
COURT/DELHI/17.05.2024
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