Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 185/23
Badshah Ali Vs. Yashpal
09/08/2023
One of the regular Stenographer is on
leave and no substitute has been provided.
Present : Sh. Dheeraj Pandey and Sh. Ajit Singh,
Ld. Counsels for Plaintiff.
Defendant nos. 1 & 3 alongwith
Sh. Avinash Pandey, Ld. Counsel for all the
Defendants.
I have perused the Report filed under the
signature of Sh. Raman V. R., Tehsildar, Civil Lines.
Vide said Report, some more time is prayed for.
The Tehsildar concerned be noticed in
terms of order dated 19/04/2023 for the next date.
Ld. Counsel for the Plaintiff submitted that
as the demarcation process is yet to start, the Status
Quo order may be passed qua the suit property as
construction is being done by the Defendants on the
suit property and would defeat the purpose of allowing
the application under Order XXVI CPC. Ld. Counsel
for the Plaintiff has also submitted that the Order dated
19/04/2023 itself makes it clear that the Plaintiff has
also prayed for Status Quo order qua the suit property,
that the application was also allowed and it seems that
the Order qua Status Quo left to be mentioned in the
Contd.....
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said order.
Ld. Counsel for Defendant sought a
passover to file written objections. Allowed.
Put up at 12:30 p.m.
( Rajani Ranga )
SCJ / RC/ North
Rohini Court / 09/08/2023
Present : Sh. Dheeraj Pandey and Sh. Ajit Singh,
Ld. Counsels for Plaintiff.
Defendant nos. 1 & 3 alongwith
Sh. Avinash Pandey, Ld. Counsel for all the
Defendants.
Written objections / submissions filed.
Taken on record. Copy be supplied.
Submissions are heard in part on the
application moved under Order XXXIX rule 1 & 2 CPC
by the Ld. Counsel for the Plaintiff. Record perused.
There is dispute over the suit property. The Plaintiff
claims that suit property falls under Khasra No. 265/13
whereas the Defendants claim that it falls under
Khasra No. 266/173 and belongs to them. Vide order
dated 19/04/2023, the Ld. Predecessor has directed
the Tehsildar concerned to carry out the demarcation
qua the property bearing no. 265/173 (13-12), 265/173
Contd.....
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(2-8) and Khasra No. 266/173 of Village – Mukundpur,
Delhi at the cost of plaintiff. As per report filed today
by the Tehsildar, (Civil Lines), post of Kanoongo is
essential to carry out the demarcation of any land and
a file has been moved to Ld. DM (Central) for approval
of Sh. Deepender, ASO, to do work of Kanoongo and
some more time is sought to comply with the order.
The carrying out of construction work on the suit
property by the Defendants is not denied by the
Ld. Counsel appearing for them.
Under these circumstances as well as in
the larger interest of justice and considering that if the
Status Quo order is not passed the order dated
19/04/2023 will be frustrated, both the parties are
directed to maintain the Status Quo qua the suit
property till the next date.
Put up on 01/11/2023 for further hearing on
the application / filing of report by the Tehsildar.
( Rajani Ranga )
SCJ / RC/ North
Rohini Court / 09/08/2023
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