Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 14 CS SCJ 748/23 DELHI COMMERCIAL BUILDERS
PVT LTD Vs. SAWARAN GANDHI
11.12.2024
Present: Sh. Akshay Dhawan, Ld. Counsel for plaintiff
through VC.
Defendant no.1 already ex-parte.
Sh. Satish Kumar, Ld. Counsel for defendant
no.2.
Replication has already been filed on behalf of
plaintiff. Copy supplied.
No affidavit of admission/denial is sought to be
filed by the parties. It is stated by the Ld. Counsel for
plaintiff that no document was filed with the WS.
Record is perused carefully.
Pleadings are complete, however, adjournment
is requested by Ld. Counsel for defendant No.2 stating that
he intends to file an application U/o 7 rule 11 CPC as
necessary parties have not been impleaded by the plaintiff.
Purusal of record shows that WS in the present
case was filed on 27.10.2023 and replication on behalf of
plaintiff was filed on 21.02.2024. There is no explanation
as to why application U/o 7 rule 11 CPC could not be filed
with the WS or thereafter, till today. Even otherwise, the
said application can be moved at any stage.
After going through the pleadings and hearings
following issues are framed.
1. Whether the defendant no.1 was licencee of plaintiff
in the suit property bearing No.306, 3rd Floor, Jaina House
Extension, Mukherjee Nagar, Delhi? OPP
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2. Whether defendant no.2 was tenant of defendant
no.1? OPP
3. Whether the licence of defendant no.1 have been
terminated by plaintiff? OPP
4. Whether plaintiff is entitled to the relief of mandatory
injunction in the form of directions to defendants to vacate
the suit property? OPP
5. Whether the plaintiff is entitled to the recovery of
amount of damages @ Rs.500/- per day on account of
unauthorised use and occupation after filing of the suit and
till handing over the possession? OPP
6. Whether the plaintiff is entitled to the relief of
injunction enjoining the defendants to alter or make
addition in the commercial space bearing No. 306, 3rd Floor,
Jaina House Extension, Mukherjee Nagar, Delhi? OPP
7. Whether defendant no.2 is the owner of the suit
property and is in the possession of the same being owner?
OPD
8. Relief, if any.
No other issue is arising or pressed upon by the
parties.
Let the list of witnesses be filed within 15
days. Affidavit of all the PWs be also filed by the plaintiff
after supplying the copies to the opposite counsel in
advance.
Put up for PE on 12.03.2025.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North Rohini, Courts,Delhi/11.12.2024
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