Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS DJ 935/24
ANIL KUMAR Vs. SATISH KUMAR
09.12.2025
Present: Sh.Kapil Singhal, Ld Counsel for the plaintiff
Sh. Rajender Kumar, Ld Counsel for D2/Satbir
Singh.
D1 / Satish Kumar in person.
None for D3.
Today, the learned Counsel for the plaintiff submits
that he does not wish to file any replication to the written
statements filed by Defendant No. 1 and Defendant No. 3, as
both of them have admitted the claim of the plaintiff.
Insofar as the written statement of Defendant No. 2
is concerned, learned Counsel for the plaintiff prays for time to
file a replication thereto. Let the replication to the written
statement of Defendant No. 2 be filed within a period of four
weeks from today, with an advance copy supplied to the opposite
side.
Learned Counsel for the plaintiff further submits
that the plaintiff’s application under Order XXXIX Rules 1 and 2
CPC is pending consideration and that none of the defendants has
filed any reply to the said application. It is also admitted at the
bar that the possession of the suit property presently rests with
the defendants.
At this stage, learned Counsel for Defendant No. 2
states, on instructions submits that Defendant No. 2 undertakes
before this Court that he shall not dispose of the suit property or
create any third-party interest therein during the pendency of the
present suit. Defendant No. 1, who is present in Court also makes
the same submissions and undertakes not to create any third-
party interest in the suit property.
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In view of the above submissions of Defendant No.
1, learned Counsel for Defendant No. 2 and the written
statements of the defendants already on record, this Court is of
the view that prima facie case is made out in favour of the
plaintiff for grant of interim protection. The balance of
convenience also lies in favour of the plaintiff and the plaintiff
being the bona fide purchaser, would suffer irreparable loss and
injury in the event the suit property is alienated during the
pendency of the suit.
Accordingly, all the defendants are hereby restrained
from disposing of, alienating, transferring, or creating any third-
party interest in the suit property till the final disposal of the suit.
The application under Order XXXIX Rules 1 and 2
CPC filed by the plaintiff stands disposed of in the above terms.
At this stage, it is submitted by Ld. Counsels for the
parties and parties present that there exists possibility of
settlement and accordingly it is requested that the matter be
referred to the Mediation Center.
In these circumstances, at joint request, let the
matter be referred to the Mediation Center for 16.12.2025 at
12:30 P.M.
Parties are directed to appear before Mediation Cell
accordingly.
Put up the case before the Court for awaiting report
of mediation/further proceedings on 17.03.2026.
(Ravinder Singh II)
DJ-04, North, Rohini Courts,
Delhi/09.12.2025
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