Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 3
CS SCJ 987/24
Mustakim Vs. Salman
06.09.2025
Present : Sh. Anil Dut Sharma and Ms. Sanskriti Goel, Ld. counsels
for the plaintiff with plaintiff.
Sh. Satpal Singh, Ld. counsel for all the defendants with
defendant no. 1.
Defendant no. 3 has been deleted from the array of parties.
An application under Order 9 Rule 7 CPC was filed on
behalf of defendant on the last date of hearing for setting aside order
dated 27.01.2025.
Ld. counsel for the plaintiff submits that he does not wish
to file reply to the aforesaid application and will straightaway argue on
the same.
Arguments on the aforesaid application heard on behalf of
both the parties.
Although, no cogent reason is made out to allow the
application in question, however, in the interest of justice, the
application is allowed and the order dated 27.01.2025 is set aside
subject to cost of Rs. 5,000/- to be paid to the plaintiff on the next date
of hearing.
Application is accordingly disposed off.
Liberty is given to the defendant to file WS and same be
filed within 30 days from today with advance copy to the opposite side.
Replication, if any, be also filed by the plaintiff with advance copy to
the opposite side.
At this stage, both the parties are willing to explore the
possibility of settlement through the platform of mediation.
Cont............
-- 1 of 2 --
:: 2 ::
Accordingly, matter is referred to the Mediation Cell,
Rohini courts for exploring the chances of settlement. Parties are
directed to appear before the Mediation Cell on 16.09.2025 at 2:00 PM
alongwith their respective counsels. The date and time is given as per
the convenience of parties.
To come up before this Court for report/further
proceedings on 24.01.2026. Referral form is prepared separately.
Ahlmad is directed to send the requisite documents well in
time.
(Mansi Malik)
ACJ/ARC (North-West)
Rohini Courts, Delhi/06.09.2025
-- 2 of 2 --