Order 2

Order Details: COPY OF ORDER
Pdf Text: 10
CS DJ 657/24
Jai Kishan
Vs
Ramesh Chand Saini
30.07.2024
Present: Son of plaintiff.
Summons issued to defendant no. 1 and 4 have been
served whereas summons issued to defendant no. 2 and 3 are
received back unserved. No one is appearing on behalf of
defendant no. 1 and 4. Be awaited.
Hearing is resumed at 12:37 pm
Present: Son of plaintiff with Ld. Counsel, Sh. Saurabh
Tyagi.
Three ladies have appeared in the court and stated
their names as Shanti Devi, Laxmi Devi and Maya Devi and
stated that they have been apprised about the filing of the suit.
Copy of plaint received back unserved summons are supplied to
defendant no. 2 Shanti Devi and defendant no. 3 Laxmi Devi.
The thumb impressions of defendant no. 2, 3 and 4 are taken on
last ordersheet on account of their presence today.
No one is appearing on behalf of defendant no. 1
despite service.
Defendant no. 2, 3 and 4 seeks time to file written
statement.
Ld. Counsel for plaintiff prays for disposal of the
injunction application restraining the defendant no. 1 who is
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raising construction at the suit property beyond his share. No
sanctioned plan or any pleading that defendant no. 1 has got
sanctioned plaint to raise construction at the suit property is filed.
The status of the construction as on date is not before the court.
No document before the court to ascertain the status of the
construction at the suit property and if defendant no. 1 is raising
unauthorized construction then plaintiff may approach the
department/authority concerned. So at this stage, without
ascertaining the status of construction, the court is deferring the
orders on the injunction application to be taken up it upon filing
the written statement/reply by the defendants. Further, the
property will be partitioned after the trial as per its existing
condition and defendant cannot take the plea that construction has
been raised by him if the construction is raised beyond the share
of the defendant.
WS with the reply to the injunction application on
behalf of defendants be filed within 30 days from today and its
copy be supplied to plaintiff in advance so that replication if any
may be filed.
Put up on 22.10.2024 for completion of pleadings
reply/arguments on the injunction application and issues.
(SUNIL CHAUDHARY)
DJ-04/North-West
RHC/Delhi 30.07.2024
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