Order 8

Order Details: COPY OF ORDER
Pdf Text: 6
CS DJ 659/23
SUSHIL ANEJA Vs. ANIL ANEJA
17.09.2024
Present : Sh. Ankit Sethi, ld counsel for plaintiff.
Sh. Ansul Garg with Sh. Parshant, ld counsel for
defendant.
Replication to the written statement of defendant as
well as reply/written statement to the counter claim of the
defendant has not been filed on behalf of plaintiff. The counsel
appearing for the plaintiff stated that same will be filed and the
matter be adjourned.
The last date of hearing was 03.06.2024 and the
matter was adjourned for replication to the written statement and
reply to the counter claim. The prescribed period to file the
written statement/reply to the counter claim has expired and
despite opportunities no replication and reply to the counter claim
has been filed by the plaintiff. Thus, on the basis of pleadings
available on file the matter is proceeded further.
Submissions heard on the settlement of issues.
From the submissions and pleadings of the parties,
following issues are framed:-
(1) Whether the occupation of the defendant of
second floor portion of property bearing no. BP-180, Shalimar
Bagh, New Delhi 110088 is as licensee as claimed by the
plaintiff? OPP
(2) Whether the defendant is in occupation of the
aforesaid property with independent rights as claimed by him?
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OPD
(3) Whether the plaintiff is entitled for the decree of
possession as claimed? OPP
(4) Whether the plaintiff is entitled for decree of
permanent injunction as claimed? OPP
(5) Whether the plaintiff is entitled for
damages/mesne profit if so at what rate? OPP
(6) Whether the defendant is entitled for decree
declaring him owner of the portion under his occupation as
claimed in the counter claim?
(7) Relief.
No other issue arises or pressed for. The counsels
appearing for the parties stated that there is no likelihood of the
settlement of matter between the parties at this stage, as such,
there is no use of referring the parties to adopt ADR means. List
of witnesses be filed within 15 days by the parties.
Put up for plaintiff's evidence on 07.01.2025.
As prayed by the counsel for the defendant the date
is changed to 21.01.2025 .
(SUNIL CHAUDHARY)
DJ-04, North West,
Rohini Courts, Delhi
17.09.2024
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