Full Order Text
Order 4 · 29 Apr 2025 · CNR DLNW010097352024
Order Details: COPY OF ORDER Pdf Text: 11 CS DJ 894/24 DEEPAK KUMAR Vs. SANT RAM 29.04.2025 Present: Sh. Harvinder Dass, Ld. Counsel for plaintiff. Sh. Sanjeev Chauhan, Ld. Counsel for defendant. Amended written statement of defendant is reflecting on CIS as uploaded on 12.02.2025. Pleadings are stated to be complete. Submissions heard on the settlement of issues. From the submissions and pleadings of the parties, following issues are framed as arises:- (1) Whether the relief of decree of cancellation of Agreement to Sell dated 28.09.2005 is valued for purposes of court fees and jurisdiction in accordance with law, if not, its effect ? OPP (2) Whether the suit qua reliefs of cancellation of documents is within limitation ? OPP (3) Whether the plaintiff is entitled for decree of cancellation thereby cancelling the registered GPA dated 23.09.2005, bearing registration no. 7269, Additional Book No. 4, Volume No. 142, on pages 26 to 32 (alleged to be executed by plaintiffs in favour of defendant) qua the share of Late Sh. Bhagat Singh i.e. 1/4th share in land measuring 1835 sq. yds out of Khasra No. 15/1/2 and 2/1 situated in village Mohd. Pur Majri, Delhi as claimed ? OPP (4) Whether the plaintiff is entitled for decree of cancellation thereby cancelling the Agreement to sell dated -- 1 of 3 -- ..2.. 28.09.2005 (alleged to be executed by plaintiffs in favour of defendant ) qua the share of Late Sh. Bhagat Singh i.e. 1/4th share in land measuring 1835 sq. yds out of Khasra No. 15/1/2 and 2/1 situated in village Mohd. Pur Majri, Delhi as claimed ? OPP (5) Whether the plaintiff is entitled for decree of cancellation thereby cancelling the Receipt dated 28.09.2005 (alleged to be executed by plaintiffs in favour of defendant ) qua the share of Late Sh. Bhagat Singh i.e. 1/4th share in land measuring 1835 sq. yds out of Khasra No. 15/1/2 and 2/1 situated in village Mohd. Pur Majri, Delhi as claimed ? OPP (6) Whether the plaintiff is entitled for decree of cancellation thereby cancelling the Affidavit dated 28.09.2005 (alleged to be executed by plaintiffs in favour of defendant ) qua the share of Late Sh. Bhagat Singh i.e. 1/4th share in land measuring 1835 sq. yds out of Khasra No. 15/1/2 and 2/1 situated in village Mohd. Pur Majri, Delhi as claimed ? OPP (7) Whether the plaintiff is entitled for decree of cancellation thereby cancelling the Possession Letter dated 28.09.2005 (alleged to be executed by plaintiffs in favour of defendant ) qua the share of Late Sh. Bhagat Singh i.e. 1/4th share in land measuring 1835 sq. yds out of Khasra No. 15/1/2 and 2/1 situated in village Mohd. Pur Majri, Delhi as claimed ? OPP (8) Whether the plaintiff is entitled for decree of cancellation thereby cancelling the registered Will executed by plaintiff no. 1 in favour of defendant, bearing registration no. -- 2 of 3 -- ..3.. 4993, Book No. 3, Vol. No. 26, on pages 163 dated 30.09.2005 as claimed ? OPP (9) Whether the plaintiff is entitled for decree of cancellation thereby cancelling the registered Will executed by plaintiff no. 2 in favour of defendant, bearing registration no. 4996, Book No. 3, Vol. No. 26, on pages 166 dated 30.09.2005 as claimed ? OPP (10) Whether the plaintiff is entitled for decree of permanent injunction as claimed ? OPP (11) Whether the suit is bad for non joinder of necessary parties as mentioned in para 6 of preliminary objections of written statement ? OPD (12) 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 for 26.08.2025. (SUNIL CHAUDHARY) DJ-04/North-West RHC/Delhi 29.04.2025 -- 3 of 3 --
