Full Order Text
Order 5 · 25 Oct 2023 · CNR DLNW030003542023
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS SCJ 145/23 PRACHI Vs. SATYA SINGH 25.10.2023 Present : Sh. P.K. Sharma, Ld. Counsel for plaintiff. Ms. Cheena Sharma, Ld. Counsel for defendant. The matter is listed for arguments on maintainability in view of the law laid down in the judgment of “Avneet Kaur Vs. Sadhu Singh & Anr., CM(M) No.69/2020, passed on 01.06.2022”. However, the said judgment has been referred to Hon'ble Larger Bench. In view of the same, the case shall be proceeded on merits. Replication is filed on behalf of plaintiff. Copy supplied. Pleadings have been completed. On the basis of the pleadings of the parties, the following issues are framed : 1. Whether the plaintiff is entitled for a decree of permanent injunction thereby restraining the defendant from creating third party interest in respect of the suit property i.e. First Floor, consisting two rooms, Kitchen, Bathroom, of House No. 15, Govind Mohalla, Haiderpur, Delhi ? (OPP). 2. Whether the plaintiff is entitled for a decree of a mandatory injunction thereby directing the defendant to handover the possession fo the suit property ? OPP. -- 1 of 2 -- 3. Whether the present suit for injunction simplicitor is not maintainable ? OPD. No other issues arises or pressed upon by the parties. List of witnesses be filed by both the parties within 15 days from today. Evidence by way of affidavit be filed by the plaintiff and copy of the same be supplied to the opposite party at least 15 days prior to the NDOH. Put up for PE on 05.02.2024. (Priyanka Rajpoot) JSCC/ASCJ/GJ (North-West) Rohini Courts, Delhi/25.10.2023 -- 2 of 2 --