Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 19
CS SCJ 480/23
SHASHI PRABHA Vs. CHANDAWATI
06.12.2023
Present : Sh. Anirudh Shukla, Ld. Counsel for plaintiff.
Sh. Kuldeep Singh Katiyal, Ld. Counsel for defendant
alongwith defendant.
Application under Section 152 CPC filed by the
defendant for modification of order dated 05.07.2023 is taken
up.
Vide the aforesaid order, at para no. 2, the following was
noted:-
“
It is, however, not in dispute that as on date the locks of
the plaintiff have been affixed on the subject property i.e. second and
third floor. Same is also reflected from the copy of the plaint of
the counter suit titled “Chandrawati V/s Shashi Prabha” filed by
the defendant”.
Ld. Counsel for the defendant states that as per the plaint
of his counter suit, as far as the second floor is concerned the defendant
herein has only admitted the affixation of locks by the plaintiff at the
gate of the kitchen on the second floor and not entire second floor
(see prayer clause B of counter suit) and therefore, the same may be
added in the submissions recorded on 05.07.2023.
Both sides heard. Record perused.
Contd......../-
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There is no dispute to such submissions. Same is also
verified from prayer clause B of the counter suit, available on record.
The error is inadvertent. Accordingly, para 2 of the order
dated 05.07.2023 stands modified to the following effect:-
“
It is, however, not in dispute that as on date the locks of
the plaintiff have been affixed on the gate of the kitchen of the
second floor as well as the third floor. Same is also reflected from the
copy of the plaint of the counter suit titled “Chandrawati V/s Shashi
Prabha” filed by the defendant”.
This order shall be part and parcel of the order dated
05.07.2023.
Application stands disposed off accordingly.
Put up for admission/ denial of documents and framing of
issues on 10.04.2024.
(Divya Malhotra)
ACJ/ARC (North-West)
Rohini Courts, Delhi/06.12.2023
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