Order 2

Order Details: COPY OF ORDER
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7 CS 278/24
Nearaj Kumar Vs. Anand Kumar
CNR No. DLSH01-003009-2024
08.08.2024
Present : Plaintiff in person with ld. Counsel Sh. Kavish Kasana.
Defendant in person with ld. Counsel Sh. Devender Kumar
Gupta.
Ahlmad to correct the case title on the CIS server as ‘Sh.
Neeraj Kumar v. Sh. Anand Kumar’.
Defendant has been served on 26.07.2024.
Signature of Defendant obtained on the last ordersheet as a
token of his appearance.
Ld. Counsel for Defendant seeks to file vakalatnama
during the course of the day through proper channel. He seeks time to
file written statement.
Let the written statement be filed by Defendant within
stipulated period with advance copy to the Plaintiff, who shall file
replication within 15 days thereafter with copy to the Defendant.
Ld. Counsel for plaintiff presses upon his application under
Order 39 Rule 1 & 2 CPC.
Heard on said application. Record perused.
By way of this application, Plaintiff is seeking to restrain
the Defendant from cretaing third party interest over the suit property.
Present suit has been filed by the Plaintiff for Partition,
Permanent Injunction and for rendition of accounts.
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Admittedly, both the parties are real brothers & the suit
property i.e. property No. 500/2-E, Khasra No. 809, Plot No. 48A,
Vishwas Nagar, in the area of Village Chandrawali, Shahdara, Delhi
belonged to their late grandfather Sh. Kalu Ram. It has been fairly
conceded by Ld. Counsels for both sides that both parties are in joint
possession of the suit property.
Considering the facts and circumstances, in order to
protect the suit property and to avoid multiplicity of litigations, it would
be appropriate to restrain both parties to create third party interest over
the suit property i.e. property No. 500/2-E, Khasra No. 809, Plot No.
48A, Vishwas Nagar, in the area of Village Chandrawali, Shahdara,
Delhi till the pendency of the present suit.
Ordered accordingly. Thus, the aforesaid application stands
disposed off.
Put up for completion of pleadings, filing of affidavit
regarding admission-denial of documents and for framing of issues on
08.11.2024.
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi. 08.08.2024.
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