Order 5

Order Details: COPY OF ORDER
Pdf Text: CS No. 229/23
13.03.2024
Present : Sh. Ankur Gupta Ld. Counsel for plaintiff.
Sh. Apurva Sreyansh proxy counsel for Sh. Tushar
Tokas Ld. Counsel for defendant no. 1 to 4.
(opportunity to file WS of defendant no. 2 to 4
already closed vide order dated 26.10.2023).
Sh. Avdesh Kumar Chauhan Ld. Counsel for
defendant no. 5.
Since matter was listed for further proceedings.
Perusal of record shows that application u/s 151 r/w
S. 114 CPC along with WS of defendant no. 2 to 4
for recalling order dated 26.10.2023 vide which
opportunity to file WS of defendant no. 2 to 4 was
closed. Heard. Perused.
Considering the submissions of the counsels for
parties as well as for the reasons mentioned in the
application, application is disposed off as allowed.
WS of defendant no. 2 to 4 is taken on record.
Counsel for plaintiff submits that he does not wish to
file replication to the WS of defendant no. 2 to 4.
Heard. Perused.
Otherwise, pleadings are complete.
From the pleadings of parties, following issues are
framed:-
1. Whether the plaintiff is entitled to the decree of
partition as prayed for? OPP
2. Whether the plaintiff is entitled to decree of
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CS No. 229/23
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possession as prayed for? OPP
3. Whether the suit of the plaintiff is barred by principal
of Res-Judicata and estoppel? OPD.
4. Whether the suit is liable to be rejected u/o 7 rule 11
CPC? OPD.
5. 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
ten days before next date of hearing.
Put up for PE on 12.07.2024.
(Ramesh Kumar II)
Additional District Judge-01
SHD/KKD/Delhi/13.03.2024
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