Order 8

Order Details: COPY OF ORDER
Pdf Text: CS No. 17/23
Gaurav Rastogi vs. Hemlata
26.05.2025
Present : Sh. Durgesh Pal Ld. Counsel for plaintiff.
Defendant Sh. Fazil Khan Ld. Counsel for defendant.
(opportunity to file WS closed on 09.05.2023).
Today, matter is listed for arguments on application u/o 6 R
17 CPC filed by plaintiff.
At this stage, Ld. Counsel for defendant submits that he
has no objection to the aforesaid application and the same may be
allowed.
By virtue of the present application, Ld. Counsel for
plaintiff has sought addition of prayer clause no. 6 in the plaint, as
mentioned in the application.
Submissions heard. Record perused.
In view the reasons mentioned in the aforesaid application
as well as on the basis of submissions made by the Ld. Counsel for
plaintiff and the no objection given by the Ld. Counsel for
defendant and also considering that amendment, sought by way of
this application, makes it clear that the same is formal in nature.
Also, the suit is at an initial stage, no WS has been filed so far and
no prejudice is going to be caused to anyone in case the present
application is allowed.
Therefore, in the light of above, application u/o 6 R 17
CPC is disposed of as allowed. Amended plaint be taken on record.
Copy already supplied.
Since the amended plaint has been taken on record,
therefore, defendant is directed to file WS within stipulated period
with advance copy to the opposite party. Upon receipt of WS,
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replication, if any, be filed within four weeks with advance copy to
the opposite party.
At this stage, Ld. Counsel for plaintiff has pressed
application u/o 39 R 1 and 2 CPC.
On the other hand Ld. Counsel for defendant submits that
defendant will not create any third party interest in the suit property,
in any manner, without due process of law and will maintain status
quo as to ownership as well as possession in the suit property
bearing no. IX/4212, Out of Khasra No. 156, 157, 158 & 161
situated at abadi of Gali No. 11, Ajit Nagar Chowk, Ajit Nagar
Gandhi Nagar, Delhi-110031, area measuring 50 sq. yds. (as shown
in colour red in the site plan), till the pendency of the suit. Heard.
Separate statement of defendant has been recorded in this
regard.
In view of the said statement of defendant, defendant is
restrained from creating any third party interest in the suit property,
in any manner, without due process of law and will maintain status
quo as to ownership as well as possession in the suit property
bearing no. IX/4212, Out of Khasra No. 156, 157, 158 & 161
situated at abadi of Gali No. 11, Ajit Nagar Chowk, Ajit Nagar
Gandhi Nagar, Delhi-110031, area measuring 50 sq. yds. (as shown
in colour red in the site plan), till the pendency of the suit. The
application u/o 39 R 1 and 2 CPC is disposed off accordingly.
Matter be listed for further proceedings on 23.09.2025.
(Gaurav)
District Judge-01/ SHD
KKD/Delhi/26.05.2025(ch)
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