Interim Order 6

Order Details: COPY OF ORDER
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CS DJ 761/23
PREM CHHOKRA Vs. SACHIN CHHOKRA
03.04.2024
Present : Sh. Inderesh Upadhaya with Sh. Amit Negi, ld
counsel for plaintiff.
Sh. P. C. Sharma, ld counsel for defendant no. 3.
Ms. Ranjana Ranjan, ld counsel for defendant no. 1
and 2.
Fresh vakalatnama is filed on behalf of defendant
no. 1 and 2.
Written statement filed on behalf of defendant no. 3
alongwith reply to the injunction application on 19.01.2024 is on
file. The same is taken on record.
One application is filed on behalf of plaintiff to file
the documents in response of the averments made by the
defendant no. 3 in the written statement. As the matter is still
pending for settlement of issues plaintiff is allowed to file the
documents and the photocopies of the document filed alongwith
application are taken on record. Application stands disposed off.
Counsel for the plaintiff stated that no need for filing
the replication to the written statement of defendant no. 3.
Pleadings are stated to be complete.
During the course of submissions on the settlement
of the issues, the counsel for the plaintiff stated that no date of the
Will executed in favour of defendant no. 3 by late Vijay Kumar
qua the suit property has been disclosed nor any Will or its copy
has been filed by the defendant no. 3 with his written statement.
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As such the remedy claimed qua declaration of the said Will is
being dropped.
From the submissions and pleadings of the parties,
following issues for remaining reliefs are framed:-
(1) Whether late Vijay Kumar has left other
properties also alongwith the suit property as disclosed in para
no. 1 of preliminary objections of the written statement of
defendant no. 3 if so its effect on the suit of the plaintiff? OPD3
(2) Whether the plaintiffs are having share in the suit
property bearing no. 73-74, 2nd Floor, Pocket 15, Sector 24,
Rohini, Delhi if so what are their shares in the same? OPP
(3) Whether any amount is left by late Vijay Kumar
in the accounts being maintained by him with the HDFC bank
mentioned in para no. 2 of plaint if so what is the share of the
plaintiffs in the said amount? OPP
(4) Whether the plaintiff is entitled for decree of
permanent injunction as claimed? OPP
(5) 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 21.08.2024.
(SUNIL CHAUDHARY)
ADJ-04, North West,
Rohini Courts, Delhi
03.04.2024
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