MOHD. RAFIQUEVsARIF AND ORS +4 more

Order Details: COPY OF ORDER
Pdf Text: CS No. 57/23
Md. Rafique vs. Arif & Ors.
22.04.2026
Present : Ms. Farah Naaz Ld. proxy counsel for plaintiff.
Sh. Vinay Rathi Ld. counsel for D6 /DUSIB through
VC.
None for D1 to D5 (Ex-parte vide order dated
12.07.2023)
Today, matter is listed for replication, admission-denial of
documents and framing of issues
Replication filed. Same be taken on record. Copy supplied.
Affidavit of A/D of documents not filed by the parties
despite opportunity.
Ld. Counsels for parties jointly submit that issues may be
framed. Heard.
Since, pleadings are complete. From the pleadings of
parties, following issues are framed:-
1. Whether the plaintiff is entitled to preliminary decree of
partition of suit property, as prayed for? OPP
2. Whether the plaintiff is entitled to final decree of partition
of suit property, as prayed for? OPP
3. Relief.
No other issue arises or is pressed for. List of witnesses be
filed by both the parties within 15 days. Advance copy of evidence
affidavits be supplied to the defendant atleast ten days before next
date of hearing.
Put up for PE on 02.09.2026.
(Gaurav)
District Judge-01/ SHD
KKD/Delhi/22.04.2026
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Order Details: COPY OF ORDER
Pdf Text: CS No. 57/23
Md. Rafique vs. Arif & Ors.
11.02.2026
Present : Plaintiff with Sh. Salim Malik Ld. Counsel.
Sh. Vinay Rathi Ld. Counsel for D6 through VC.
None for D1 to D5 (Ex-parte vide order dated
12.07.2023).
WS alongwith reply to the application under order 39
rule 1 and 2 CPC filed by D6 on 10.12.2025. Same be taken
on record. Copy already supplied.
Ld. Counsel for plaintiff seeks time to file
replication. Heard. Be filed within four weeks with an advance
copy to the opposite party.
Parties are directed to file affidavit of admission-
denial of documents and proposed issues within 30 days.
Advance copy of the same be exchanged with each other.
Matter is adjourned.
Matter be listed for replication, admission-denial of
documents and framing of issues on 22.04.2026.
(Gaurav)
District Judge-01/ SHD
KKD/Delhi/11.02.2026
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Order Details: COPY OF ORDER
Pdf Text: 22 CS 57/23
MOHD. RAFIQUE Vs. ARIF AND ORS
02.07.2025
Advocates are abstaining from work today.
Present:- None for plaintiff.
None for D1 to D5. (Ex-parte vide order dated 12.07.2023).
Sh. Vinay Rathi, Ld. Counsel for proposed defendant/DUSIB.
Today, matter is listed for reply and arguments on the
application under Order 1 Rule 10 CPC, filed by plaintiff.
Reply filed on behalf of proposed defendant. Same be taken on
record. Copy stated to be already supplied.
As none is present for the plaintiff, matter is adjourned.
Put up for arguments on the aforesaid application on
08.10.2025.
(Gaurav)
District Judge-01/ SHD
KKD/Delhi/02.07.2025
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Order Details: COPY OF ORDER
Pdf Text: CS No. 57/23
Md. Rafiq vs. Arif & Ors.
05.03.2025
Present : Ms. Shavana Ld. Proxy counsel for Sh. Salim Malik
Ld. Counsel for plaintiff with plaintiff.
None for D1 to D5. (Ex-parte vide order dated
12.07.2023).
Sh. Vinay Rathi Ld. Counsel for proposed defendant
/ DUSIB.
At this stage, Ld. Counsel for proposed defendant
seeks some time to file reply to the application u/o 1 R 10 (2)
r/w S. 151 CPC as the copy of the same was supplied on
01.03.2025. Heard. Allowed. Reply be filed on or before
NDOH with advance copy to the opposite party.
Matter is adjourned.
Matter be listed for reply and arguments on aforesaid
application on 02.07.2025. NDOH is given as per convenience
of the Ld. Counsels for the parties.
(Gaurav)
District Judge-01/ SHD
KKD/Delhi/05.03.2025(ch)
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Order Details: COPY OF ORDER
Pdf Text: CS No. 57/23
22.08.2024
Present : None for plaintiff.
Defendants are ex-parte.
As Advocates are abstaining from work today, matter
is adjourned.
Matter be listed for further proceedings on
05.11.2024.
(Ramesh Kumar II)
District Judge-01/ SHD
KKD/Delhi/22.08.2024
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Order Details: COPY OF ORDER
Pdf Text: CS No. 57/23
02.05.2024
Present : Sh. Salim Malik Ld. Counsel for plaintiff.
Plaintiff in person.
Defendants are ex-parte.
Since matter was listed for consideration on the point
of maintainability of the suit.
At this stage, counsel for plaintiff has filed case law.
The counsel for plaintiff also seeks time to move
appropriate application in this regard for impleading
DUSIB to the party to the suit. Heard.
At request, matter is adjourned.
Matter be listed for further proceedings on
22.08.2024.
(Ramesh Kumar II)
District Judge-01/ SHD
KKD/Delhi/02.05.2024
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Order Details: COPY OF ORDER
Pdf Text: CS No. 57/23
12.03.2024
Present : Sh. Salim Malik Ld. Counsel for plaintiff.
Plaintiff in person.
Defendants are ex-parte.
Since matter was listed for ex-parte PE.
At this stage, perused of record shows that present
suit is for partition of the suit property, which is in
J.J. Colony and falls under DUSIB, hence the
partition of the suit property is not maintainable.
However, at this stage, counsel for plaintiff seeks
some time to give clarification / citing case law in
this regard. Heard.
Matter be listed for further proceedings /
consideration on the point of maintainability of the
suit on 02.05.2024.
(Ramesh Kumar II)
Additional District Judge-01
SHD/KKD/Delhi/12.03.2024
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Order Details: COPY OF ORDER
Pdf Text: CS No. 57/23
Md. Rafiq vs. Arif & Ors.
30.10.2023
Present : Ms. Shavana Ld. Counsel for plaintiff.
Defendants are ex-parte.
Since matter was listed for ex-parte PE. No PW is
present.
The counsel for plaintiff seeks adjournment on the
ground that plaintiff is not present today due to some
personal problem and seeks adjournment. Heard.
In the interest of justice, matter is adjourned.
Matter be listed for ex-parte PE on 12.03.2024.
(Ramesh Kumar II)
Additional District Judge-01
SHD/KKD/Delhi/30.10.2023
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Order Details: COPY OF ORDER
Pdf Text: CS No. 57/23
12.07.2023
Present : Sh. Salim Malik Ld. Counsel for plaintiff.
None for defendants despite service.
Perusal of record shows that all the defendants were
served on 21.0.2023.
Be awaited.
(Ramesh Kumar II)
Additional District Judge-01
SHD/KKD/Delhi/12.07.2023
(12.38 pm)
Present : None for plaintiff.
None for defendants despite service.
Be awaited.
(Ramesh Kumar II)
Additional District Judge-01
SHD/KKD/Delhi/12.07.2023
(02.10 pm)
Present : Ms. Shavana proxy counsel for Sh. Salim Malik Ld.
Counsel for plaintiff.
None for defendants despite service.
The perusal of the record reveals that the WS has not
been filed on behalf of the defendants so far despite
service. Even today none is present on behalf of
the defendants since morning despite repeated calls.
It seems that defendants are not interested in
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CS No. 57/23
-2-
defending / pursuing this suit against them.
Accordingly, all the defendants are proceeded ex-
parte.
Matter is adjourned.
Matter be listed for ex-parte PE on 30.10.2023.
(Ramesh Kumar II)
Additional District Judge-01
SHD/KKD/Delhi/12.07.2023
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Order Details: COPY OF ORDER
Pdf Text: CS No. 57/23
16.02.2023
Present : Sh. Salim Malik Ld. Counsel for plaintiff.
Heard. Perused.
Issue summons of the suit and notice of the
application to defendants on PF/RC returnable on
12.07.2023.
(Ramesh Kumar II)
Additional District Judge-01
SHD/KKD/Delhi/16.02.2023
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Order Details: COPY OF ORDER
Pdf Text: CS No.
Md. Rafique vs. Arif etc.
23.01.2023
Fresh civil suit received by way of assignment. It
be checked and registered.
Present : None.
Matter is adjourned.
Matter be listed for consideration on 16.02.2023.
(Ramesh Kumar II)
Additional District Judge-01
SHD/KKD/Delhi/23.01.2023
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Order Details: COPY OF ORDER
Pdf Text: CS 57/2023
DLSH010004262023
MOHD. RAFIQUE Vs. ARIF AND ORS
02.09.2026
Present : Ms. Palak Bhagat Ld. proxy counsel for plaintiff.
Ms. Hetu Ld. proxy counsel for D6/DUSIB through
VC.
None for D1 to D5 (Ex-parte vide order dated
12.07.2023).
Today, matter is listed for PE.
No PW is present.
Evidence affidavit of PW not filed in compliance of
order dated 22.04.2026.
Ld. proxy counsel for plaintiff seeks some more time
to file evidence affidavit of PW. Heard. Last opportunity is
granted to the plaintiff to lead PE on NDOH, failing which
matter shall proceed in accordance with law.
Evidence affidavit of PW be supplied to opposite
party at least 10 days before NDOH.
To come up for PE on 13.01.2027. NDOH is given as
per convenience of the Ld. Counsels for the parties.
(Gaurav)
District Judge-01/ SHD
KKD/Delhi/02.09.2026
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Order Details: COPY OF ORDER
Pdf Text: CS No. 57/23
Md. Rafique vs. Arif & Ors.
22.04.2026
Present : Ms. Farah Naaz Ld. proxy counsel for plaintiff.
Sh. Vinay Rathi Ld. counsel for D6 /DUSIB through
VC.
None for D1 to D5 (Ex-parte vide order dated
12.07.2023)
Today, matter is listed for replication, admission-denial of
documents and framing of issues
Replication filed. Same be taken on record. Copy supplied.
Affidavit of A/D of documents not filed by the parties
despite opportunity.
Ld. Counsels for parties jointly submit that issues may be
framed. Heard.
Since, pleadings are complete. From the pleadings of
parties, following issues are framed:-
1. Whether the plaintiff is entitled to preliminary decree of
partition of suit property, as prayed for? OPP
2. Whether the plaintiff is entitled to final decree of partition
of suit property, as prayed for? OPP
3. Relief.
No other issue arises or is pressed for. List of witnesses be
filed by both the parties within 15 days. Advance copy of evidence
affidavits be supplied to the defendant atleast ten days before next
date of hearing.
Put up for PE on 02.09.2026.
(Gaurav)
District Judge-01/ SHD
KKD/Delhi/22.04.2026
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: CS No. 57/23
Md. Rafique vs. Arif & Ors.
11.02.2026
Present : Plaintiff with Sh. Salim Malik Ld. Counsel.
Sh. Vinay Rathi Ld. Counsel for D6 through VC.
None for D1 to D5 (Ex-parte vide order dated
12.07.2023).
WS alongwith reply to the application under order 39
rule 1 and 2 CPC filed by D6 on 10.12.2025. Same be taken
on record. Copy already supplied.
Ld. Counsel for plaintiff seeks time to file
replication. Heard. Be filed within four weeks with an advance
copy to the opposite party.
Parties are directed to file affidavit of admission-
denial of documents and proposed issues within 30 days.
Advance copy of the same be exchanged with each other.
Matter is adjourned.
Matter be listed for replication, admission-denial of
documents and framing of issues on 22.04.2026.
(Gaurav)
District Judge-01/ SHD
KKD/Delhi/11.02.2026
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 22 CS 57/23
MOHD. RAFIQUE Vs. ARIF AND ORS
02.07.2025
Advocates are abstaining from work today.
Present:- None for plaintiff.
None for D1 to D5. (Ex-parte vide order dated 12.07.2023).
Sh. Vinay Rathi, Ld. Counsel for proposed defendant/DUSIB.
Today, matter is listed for reply and arguments on the
application under Order 1 Rule 10 CPC, filed by plaintiff.
Reply filed on behalf of proposed defendant. Same be taken on
record. Copy stated to be already supplied.
As none is present for the plaintiff, matter is adjourned.
Put up for arguments on the aforesaid application on
08.10.2025.
(Gaurav)
District Judge-01/ SHD
KKD/Delhi/02.07.2025
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: CS No. 57/23
Md. Rafiq vs. Arif & Ors.
05.03.2025
Present : Ms. Shavana Ld. Proxy counsel for Sh. Salim Malik
Ld. Counsel for plaintiff with plaintiff.
None for D1 to D5. (Ex-parte vide order dated
12.07.2023).
Sh. Vinay Rathi Ld. Counsel for proposed defendant
/ DUSIB.
At this stage, Ld. Counsel for proposed defendant
seeks some time to file reply to the application u/o 1 R 10 (2)
r/w S. 151 CPC as the copy of the same was supplied on
01.03.2025. Heard. Allowed. Reply be filed on or before
NDOH with advance copy to the opposite party.
Matter is adjourned.
Matter be listed for reply and arguments on aforesaid
application on 02.07.2025. NDOH is given as per convenience
of the Ld. Counsels for the parties.
(Gaurav)
District Judge-01/ SHD
KKD/Delhi/05.03.2025(ch)
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: CS No. 57/23
22.08.2024
Present : None for plaintiff.
Defendants are ex-parte.
As Advocates are abstaining from work today, matter
is adjourned.
Matter be listed for further proceedings on
05.11.2024.
(Ramesh Kumar II)
District Judge-01/ SHD
KKD/Delhi/22.08.2024
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: CS No. 57/23
02.05.2024
Present : Sh. Salim Malik Ld. Counsel for plaintiff.
Plaintiff in person.
Defendants are ex-parte.
Since matter was listed for consideration on the point
of maintainability of the suit.
At this stage, counsel for plaintiff has filed case law.
The counsel for plaintiff also seeks time to move
appropriate application in this regard for impleading
DUSIB to the party to the suit. Heard.
At request, matter is adjourned.
Matter be listed for further proceedings on
22.08.2024.
(Ramesh Kumar II)
District Judge-01/ SHD
KKD/Delhi/02.05.2024
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: CS No. 57/23
12.03.2024
Present : Sh. Salim Malik Ld. Counsel for plaintiff.
Plaintiff in person.
Defendants are ex-parte.
Since matter was listed for ex-parte PE.
At this stage, perused of record shows that present
suit is for partition of the suit property, which is in
J.J. Colony and falls under DUSIB, hence the
partition of the suit property is not maintainable.
However, at this stage, counsel for plaintiff seeks
some time to give clarification / citing case law in
this regard. Heard.
Matter be listed for further proceedings /
consideration on the point of maintainability of the
suit on 02.05.2024.
(Ramesh Kumar II)
Additional District Judge-01
SHD/KKD/Delhi/12.03.2024
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: CS No. 57/23
Md. Rafiq vs. Arif & Ors.
30.10.2023
Present : Ms. Shavana Ld. Counsel for plaintiff.
Defendants are ex-parte.
Since matter was listed for ex-parte PE. No PW is
present.
The counsel for plaintiff seeks adjournment on the
ground that plaintiff is not present today due to some
personal problem and seeks adjournment. Heard.
In the interest of justice, matter is adjourned.
Matter be listed for ex-parte PE on 12.03.2024.
(Ramesh Kumar II)
Additional District Judge-01
SHD/KKD/Delhi/30.10.2023
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: CS No. 57/23
12.07.2023
Present : Sh. Salim Malik Ld. Counsel for plaintiff.
None for defendants despite service.
Perusal of record shows that all the defendants were
served on 21.0.2023.
Be awaited.
(Ramesh Kumar II)
Additional District Judge-01
SHD/KKD/Delhi/12.07.2023
(12.38 pm)
Present : None for plaintiff.
None for defendants despite service.
Be awaited.
(Ramesh Kumar II)
Additional District Judge-01
SHD/KKD/Delhi/12.07.2023
(02.10 pm)
Present : Ms. Shavana proxy counsel for Sh. Salim Malik Ld.
Counsel for plaintiff.
None for defendants despite service.
The perusal of the record reveals that the WS has not
been filed on behalf of the defendants so far despite
service. Even today none is present on behalf of
the defendants since morning despite repeated calls.
It seems that defendants are not interested in
-- 1 of 2 --
CS No. 57/23
-2-
defending / pursuing this suit against them.
Accordingly, all the defendants are proceeded ex-
parte.
Matter is adjourned.
Matter be listed for ex-parte PE on 30.10.2023.
(Ramesh Kumar II)
Additional District Judge-01
SHD/KKD/Delhi/12.07.2023
-- 2 of 2 --

Order Details: COPY OF ORDER
Pdf Text: CS No. 57/23
16.02.2023
Present : Sh. Salim Malik Ld. Counsel for plaintiff.
Heard. Perused.
Issue summons of the suit and notice of the
application to defendants on PF/RC returnable on
12.07.2023.
(Ramesh Kumar II)
Additional District Judge-01
SHD/KKD/Delhi/16.02.2023
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: CS No.
Md. Rafique vs. Arif etc.
23.01.2023
Fresh civil suit received by way of assignment. It
be checked and registered.
Present : None.
Matter is adjourned.
Matter be listed for consideration on 16.02.2023.
(Ramesh Kumar II)
Additional District Judge-01
SHD/KKD/Delhi/23.01.2023
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