Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 480/23
SHASHI PRABHA Vs. CHANDAWATI
10.04.2024
Present : Sh. Anirudh Shukla, Ld. counsel for plaintiff.
Sh. Kuldeep Singh, Ld. counsel for defendant.
Submissions heard.
On the basis of the pleadings of the parties, the following
issues are framed :-
1. Whether the plaintiff is entitled to a decree of permanent injunction in
his favour and against the defendant, her agents, assignees, representative
or any person claiming under her thereby restraining them from
interfering in the ingress and egress and putting any kind of hindrances in
the usage of common area in the suit property bearing Municipal no. H.
No. 1279B, Second and Third Floor with roof right, Gali no. 88, Shanti
Nagar, Tri Nagar, Delhi-110035 as shown in yellow colour in the site plan
? OPP.
2.Whether the plaintiff is entitled to a decree of permanent injunction
against the defendant thereby restraining the defendant and her agents
etc. from entering into the suit property without the permission of the
plaintiff? OPP.
3. Whether the plaintiff is entitled to a decree of mandatory injunction
against the defendant thereby directing the defendant not to interfere with
the installation of an iron gate at the second floor of the suit property as
shown in green colour in the site plan? OPP.
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4. Whether the plaintiff is entitled to a decree of recovery of Rs.
1,95,000/- from the defendant on account of loss suffered by the plaintiff
due to theft committed by the defendant in the suit property.
5. Whether the plaintiff is entitled to a decree of recovery of Rs. 100000/-
in favour of the plaintiff and against the defendant for damages, mental
agony and harassment caused to the plaintiff due to the act of the
defendant? OPP.
6.Relief.
Neither any other issue is being pressed for by the parties nor
any other issue arises from the pleadings filed. Both the parties are
directed to file their list of witnesses within 15 days from today.
The plaintiff is directed to supply an advance copy of the
affidavits of its witnesses to the defendant, one week in advance of the
next date of hearing, failing which cost of Rs. 1000/- shall be imposed.
Further, witness is directed to bring all original documents relied upon on
NDOH for the purpose of examination.
Put up for PE on 19.12.2024.
(Amardeep Kaur)
ACJ/ARC (North-West)
Rohini Courts, Delhi/10.04.2024
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