Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS DJ 592/24
DEEPAK CHANDOK Vs. SANJAY AND ORS.
06.05.2025
Present: Sh. Ashish Goel, counsel for the plaintiff.
Sh. Sushant Mehra, Counsel for the defendants no.1 and 2.
Sh. Sunil, counsel for the defendant no.4.
Copy of compliance u/o 39 rule 3 CPC has been filed on
behalf of the plaintiff. Same is taken on record subject to all just
exceptions.
Counsel for the defendants no.1 and 2 has filed on record an
application u/o 9 rule 7 CPC today. Copy supplied.
Counsel for the defendants no.1 and 2 presses his
application dated 29.04.2025.
It is argued that Sh. Abhinav, aged 8 years, had expired due
to injuries in November, 2024. defendants no.1 and 2 are parents of Sh.
Abhinav. They were in Trauma and hence, they could not appear despite
service.
Per contra, counsel for the plaintiff states that heavy costs
be imposed upon the defendants no.1 and 2 as they were served on
04.10.2024 and thus, death of son which is after the service, is
inconsequential.
Heard. File perused.
Perusal of the file shows that the plaintiff has filed suit for
Specific Performance, Injunction against the defendants. It is necessary
to have the benefit of stand of the defendants. The defendants no.1 and 2
have placed on record FIR showing death of Sh. Abhinav, their son.
Contd...2
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CS DJ 592/24
DEEPAK CHANDOK Vs. SANJAY AND ORS.
Good cause is shown for non-appearance. Order dated 14.01.2025
proceeded ex-parte against the defendants no.1 and 2, is set aside subject
to defendants no.1 and 2 filing written statement within a week from
today with advance copy thereof to the opposite counsel failing which,
the present application dated 29.04.2025 shall be deemed to have been
dismissed.
Interim order dated 14.01.2025 is extended till further orders.
At this stage, it is stated by both the parties that the present
matter is likely to be settled and the present matter may be referred to
Mediation Centre, North District, Rohini Courts, Delhi for settlement.
At joint request of both the parties, the present matter is
hereby referred to Mediation Centre, North District, Rohini Courts,
Delhi.
Consent proforma, signed by both the parties, is placed on
record.
Parties are directed to appear before the Mediation Centre,
North District, Rohini Courts, Delhi on 20.05.2025 at 12.30 p.m. In case
of failure of the compromise, the parties shall report back to this court
for completion of pleadings of the parties, admission/denial of the
documents, for framing of the issues on 16.09.2025.
(VIKRAM BALI)
DISTRICT JUDGE-2/NORTH/ ROHINI
COURT/DELHI/06.05.2025
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