Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6 CS DJ 889/24
KAMAL GARG Vs. BAL KISHAN GARG
30.10.2025
Present: Sh. Anand Sharma, Ld. Counsel for the plaintiff
along with plaintiff.
Sh. Abhishek Kaushik, ld. Counsel for the defendant
along with defendant in person.
Today, at the outset, Ld. Counsel for the plaintiff
submits that the application of the plaintiff filed u/o 39 Rule 1
and 2 CPC is also pending consideration. Reply of the defendant
is already on record. During course of hearing, Ld. Counsel for
the defendant as well as the defendant undertakes not to create
any third party interest in the suit property.
In view of the submissions made, parties are
directed to maintain status qua the suit property in respect to title
and possession of the suit property.
The application of the plaintiff filed u/o 39 Rule 1
and 2 CPC stands disposed off in the abovesaid term.
Affidavit of admission and denial of documents filed
on record by the parties. List of witnesses also filed by the
plaintiff. Copy supplied.
Pleadings are complete. On the basis of above
pleadings, following issues are settled for trial:
1. Whether the plaintiff is entitled for a decree of
declaration as prayed for? OPP
2. Whether the plaintiff is entitled for a decree of
partition, as prayed for? OPP
3. Whether the plaintiff is entitled for decree of
rendition of account, as prayed for? OPP
4. Whether the plaintiff is entitled for a decree of
permanent injunction, as prayed for? OPP
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5. Whether the suit of the plaintiff is not maintainable
being without cause of action? OPD
6. Relief.
No other issue arises or is pressed for by the parties.
Put up for PE on 23.02.2026
Evidence affidavit be filed in the court by the
plaintiff well before the NDOH with an advance copy to the
other side atleast four weeks prior to the NDOH.
(Ravinder Singh II)
DJ-04, North, Rohini Courts,
Delhi/30.10.2025
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