Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 43 CS SCJ 575/25 MAHENDAR KUMAR Vs. SHRAWAN
KUMAR
31.10.2025
Present: Sh. Piyush Mittal Ld. Counsel for plaintiff
Sh. Mohit Chaurasiya Ld. Counsel for
defendant.
Sh. Vikas Gupta Ld. Counsel for defendant
no.2 through VC.
A document has been filed on behalf of
defendant. Same is taken on record.
At the outset, it has been informed that the
previous order has again not complied as there has been a
dispute with respect to the space between the nets. It is stated
by Ld. Counsel for the defendant that the plaintiff is
unnecessarily harassing the defendant and there is no cause
of action in the present suit. It is stated that the plaintiff in the
garb of the present suit is also seeking to restrict the right of
the defendant in the suit property despite the fact that a
partition suit is pending.
Ld. Counsel for plaintiff however, submits that
the plaintiff is not pressing his relief at para no. C and D of
prayer clause and the same may be deleted, however, the
relief as claimed in para no.A and B are stated to be
maintainable.
In view of the aforesaid submissions, prayers
at para no.C and D stands deleted.
Ld. Counsel for plaintiff submits that the
application U/o 39 rule 1 and 2 CPC may be decided on
merits while stating that the prayer B of the application is not
pressed.
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Part arguments on the application U/o 39 rule 1
and 2 CPC have been heard.
Plaintiff is directed to file reply to the
application U/o 7 rule 11 CPC with advance copy to opposite
party.
Be put up for further arguments on 15.12.2025.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North, Rohini Courts,Delhi/31.10.2025
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