Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: CS 256/24
Manish Kumar & Anr. Vs. Vikas Sharma & Ors.
04.06.2024
Present : Sh. Shashank, proxy for Sh. M.A. Khan, ld. Counsel for
plaintiff.
Sh. Ashish Aggarwal, ld. Counsel for defendant.
At this stage, ld. Counsel for defendant submits that matter is
pending for arguments on maintainability of the present suit. He
further submits that defendants no.1 and 2 has executed GPA
under compelling circumstances in favour of the plaintiffs in
December 2019 but later on defendant no.1 and 2 cancelled the
said GPA which was in favour of the plaintiffs and defendant
no.1 and 2 have already sold the suit property to the defendant
no.3 vide registered sale deed and therefore the present suit is
not maintainable and he requests to dismiss the same. On the
other hand, proxy counsel for plaintiff submits that matter is
fixed for framing of issues. Heard.
Record perused. On perusal fo record it is revealed that there
was no question of maintainability of the suit and further vide
order dated 19.08.2023 matter has been fixed for framing of
issues.
On perusal of record it is revealed that pleadings between the
parties are complete.
From the pleadings of the parties, the following issues arise to
decide the case on merits:-
1 Whether the plaintiff is entitled to a decree of declaration
as prayed for? OPP
2 Whether the plaintiff is entitled to a decree of permanent
injunction as prayed for? OPP
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3 Whether the present suit of the plaintiff for the relief of
declaration and permanent injunction is not maintainable and the
same is liable to dismissed in view of preliminary objection no.1
of WS? OPDs
4 Whether the plaintiffs have no locus standi to file the
present suit? OPDs
5 Whether the present suit is only a counter blast suit
against the earlier suit filed by defendant no.3 against the
plaintiff s? OPDs
6 Whether the suit of the plaintiff is barred under Order I
Rule 9 CPC? OPDs
7 Whether there is no cause of action in favour of the
plaintiff to file the presnet suit, hence suit is liable to be rejected
under Order 7 Rule 11 CPC? OPDs
8 Whether the suit of the plaitniffs is barred u/s 7 (c) of
Court Fess Act? OPDs
9
Relief.
No other issue arises, nor pressed for.
Matter is adjourned.
Put up for PE on 15.10.2024.
Ld. counsel for plaintiff is directed to supply advance copy of
affidavit of PW(s) to ld. Counsel for defendant 10 days before
next date of hearing.
(RAMESH KUMAR-II)
DJ-01/KKD Court/Delhi
04.06.2024
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