Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 1
CS SCJ 1278/23
MOHAN PARSHAD KHARWAR Vs. KAMLESH PANT
04.12.2024
Present: Sh. Pradeep Sharma, Ld. Counsel for plaintiff
Sh. Harish Kumar, Ld. Counsel for defendant (through
VC).
Matter is at the stage of arguments on the maintainability of
the present suit.
Ld. Counsel for defendant submits that suit is not
maintainable as the plaintiff is not in possession of the suit property and
the plaintiff has not filed any documentary proof to show his possession.
He further submits that property number has also been wrongly written
by the plaintiff in his plaint and memo of parties.
Ld. Counsel for plaintiff submits that the electricity meter is
in the name of plaintiff and electricity bill is already on record. He
further submits that the plaintiff is in the possession of the property. He
further submits that he has also filed chain of entire General Power of
Attorney on record.
Heard. Record perused.
This court is of the opinion that possession has to be
determined on the basis of evidence led by the parties during trial and
can not be determined at the preliminary stage.Moreover, owernship
rights are also to be determined by way of evidence and not at this stage.
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2
The objections raised by the defendant can not be decided without
leading evidence.
In view of the above discussion and on the basis of material
available on record, the present matter is very much maintainable.
Both the parties are restrained from creating third party
interest.
Ld. Counsel for plaintiff seeks some more time to file the
replication to the WS filed by defendant. Time granted till NDOH.
List the matter for completion of pleadings on 13.02.2025.
(Arjun Kirar)
Civil Judge-N/W District
Rohini Courts/04.12.2024
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