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Order 2

CNR DLNT03000337202301 Mar 2023
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Order 2 · 01 Mar 2023 · CNR DLNT030003372023

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 185/23
Badshah Ali Vs. Yashpal
01/03/2023
Present : Sh. Vineet Rana, Ld. Counsel for plaintiff (physically
appeared).
Sh. Avinash Pandey, Ld. Counsel for defendants
alongwith defendant nos. 2 & 3 (physically appeared).
Vakalatnama filed on behalf of defendant no. 2 & 3.
Memo of appearance is filed on behalf of rest of the
defendants.
Ld. Counsel for the plaintiff press his application under
Order XXXIX rule 1 & 2 CPC but Ld. Counsel for the defendant seeks
adjournment stating that the defendants have been served only
yesterday at about 5:00 p.m.
He has also sought an adjournment of about two
weeks to present his case. During arguments he has submitted that
the defendants are in possession of the suit property from last many
years. It is the plaintiff who has forcefully tried to enter in the suit
property in mid night and thereafter the Police was called. The FIR
has already been registered in the matter.
I have considered submissions of both parties and also
gone through the judicial file.
As per the facts of the case, both the parties are
claiming possession over the suit property. In the considered opinion
of this Court, time should be granted to defendants to put forth their
case properly, therefore in the interest of justice, the adjournment is
granted.
Put up for completion of pleadings, filing reply to
application under Order XXXIX rule 1 & 2 CPC with advance copy to
opposite party and for arguments on aforesaid application on
14/03/2023.
( Virender Singh )
SCJ / RC/ North
Rohini Court / 01/03/2023
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