Interim Order 10

Order Details: COPY OF ORDER
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11 CS SCJ 971/24
RINKU DAGAR Vs. PARDEEP
02.05.2026
Present: Shri Rohit Taneja, Ld. Counsel for plaintiff
(Through VC).
Shri N.K Aggarwal, Ld. Counsel for defendant no. 2
and 4.
Between the intervening dates, amended suit as well
as copy of Power of attorney, copy of court order dt. 27.04.2026
and reply to application u/o 39 rule 1 and 2 filed on behalf of the
plaintiff. Copy supplied to Ld. Counsel for the defendant no. 2
and 4.
It is submitted by Ld. Counsel for the defendant no.
2 and 4 that the plaintiff is no longer in possession of the suit
property and he has relied upon the order of Hon'ble High Court
of Delhi, dt. 11.03.2025 in case of Kusum Sachdeva Vs. L.G,
State of NCT of Delhi & Ors and status report of SHO, PS
Mukherjee Nagar filed alongwith application u/s 151 CPC.
Per contra, Ld. Counsel for the plaintiff submits that
the defendant no. 4 have put their lock on the suit property but
the valuables of the plaintiff are still lying in the suit property. It
is further submitted that the plaintiff is in Judicial custody in FIR
no. 702/2025, PS Mukherjee Nagar and that Mr. Prince Dagar
through special power of attorney wishes to pursue the present
matter on behalf of the plaintiff.
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Per contra, Ld. Counsel for the defendant no. 2 and 4
submits that defendant is in peaceful and complete possession of
the suit property and no belongings of plaintiff are lying in the
suit property.
In view of the rival submissions on behalf of both
the parties, plaintiff is directed to clarify regarding the
maintainability of present suit.
Put up for arguments on maintainability of present
suit on 01.08.2026.
(SAKSHI JAISWAL)
CIVIL JUDGE/NORTH
ROHINI/DELHI/02.05.2026
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