Order 4

Order Details: COPY OF ORDER
Pdf Text: 10 CS 138/24
Sushma Rani Vs. Smt. Bhuwnesh Kumari and Ors.
11.11.2024
At 12:00 noon
Present: Sh. Pradeep Chauhan (Mobile No.9899024021), Ld.
counsel for plaintiff along with Sh. Vijay Arora, SPA
of plaintiff in person
Ms. Kanika, Ld. Counsel for D-1 and D-2 through
VC.
None for D-3.
WS, reply to the application under Order XXXIX
Rule 1 and 2 CPC along with document filed on behalf of D-1 on
08.11.2024.
Ld. counsel for plaintiff submits that he has not
received copy of the WS, reply to the application under Order
XXXIX Rule 1 and 2 CPC and document.
D-1 is directed to supply the copies of the aforesaid
documents to Ld. counsel for plaintiff within 07 days from today
under acknowledgement.
Upon receipt of WS, plaintiff is at liberty to file
replication, if any within 15 days thereafter with an advance copy
to defendants.
Ld. counsel for D-1 and D-2 submits that D-2 is
presently, out of India and she would be returning to India in the
month of December, 2024. She further requests to grant 30 days
more time to D-2 to file WS.
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(2)
In the interest of justice, last and final opportunity is
granted to D-2 to file WS within 30 days from today with an
advance copy to plaintiff.
Upon receipt of WS of D-2, plaintiff is at liberty to
file replication, if any within 15 days thereafter with an advance
copy to D-2.
As per report, D-3 has already been served on
08.04.2024.
Till date no WS has been filed on behalf of D-3,
therefore, right of D-3 to file WS stands closed and D-3 is
proceeded ex-parte in the present case.
Original agreement to sell and original bayana
receipt along with receipts filed on behalf of plaintiff. Same be
taken on record.
Parties are also directed to file their respective
affidavit of admission and denial of documents within 45 days
from today with an advance copy to each side.
Parties are directed to produce original documents
on NDOH. Parties are also directed to file proposed issues.
Parties are also directed to appear in person on
NDOH for the purpose of admission and denial of documents
and recording of their statements under Order X CPC.
At this stage, Ld. counsel for D-1 and D-2 submits
that the suit property has already been sold by D-1. She further
submits that she will supply the particulars of the
purchaser/buyer to the Ld. counsel for plaintiff within 10 days
from today. She further submits that she will also file the
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(3)
requisite sale documents/sale deed, if available with D-1 within
10 days from today with an advance copy to Ld. Counsel for
plaintiff. Let the same be filed as well as supplied within 10 days
from today.
Put up for completion of pleadings, admission and
denial of documents and framing of issues on 23.01.2025.
Date is given as per the convenience of Ld. counsels.
(Deepanker Mohan)
District Judge-04
Shahdara District/KKD Courts/Delhi
11.11.2024
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