Interim Order 7

Order Details: COPY OF ORDER
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19 CS 140/23
MAHENDER KUMAR ARORA Vs. KISHOR KUMAR ARORA and
anr.
07.06.2024
Present : Sh. Sumit Gupta, Sh. Pankaj Jain, Sh. Vishambher Pandit,
Ld. Counsel for Plaintiff with Plaintiff.
Sh. Love Sharma, Ld. Counsel for defedant no. 1 & 3.
Defendant no. 2 in person with ld. Counsel Sh. Jintender
Kumar Khullar.
In between, Defendant no. 2 has filed affidavit of
Admission-denial of documents on 23.04.2024. Today, Defendant no. 1
has filed such affidavit.
Defendant no. 3 submits that he has also e-filed the said
affidavit and seeks time to file the same through proper channel.
Pleadings are complete.
On the basis of pleadings of parties, the following issues
are framed:-
1. Whether the suit is bad for non joinder of necessary parties?
OPDs
2. Whether the Plaintiff has suppressed the material facts and has
not disclosed the entire contents of Will dated 17.03.2009 of
deceased Smt. Kanta Rani Arora? OPDs
3. Whether at the time of death of the executor of the Will dated
17.03.2009, deceased Smt. Kanta Rani Arora was the owner of
the suit property or not? OPDs
4. Whether the Plaintiff is entitled for decree of partition as prayed
for in Prayer Clause No. (A) and (B)? OPP
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5. Whether the Plaintiff is entitled for decree of Permanent
injunction as prayed for in Prayer Clause (C)? OPP
6. Relief
No other issue arises or pressed for.
List of witnesses be filed by both sides within 14 days.
On joint request, lsit the matter for submissions of the
parties on the point of leading evidence by the defendnat first in this
matter. List the matter also for consideration over the waiver of costs
application filed by Defendant no. 2.
Put up on 17.09.2024.
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi. 07.06.2024.
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