Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: CS No. 316/2024
SHABANA Vs. MERAJUDDIN
24.10.2024
Present: Sh. S.N. Khan, Ld. Counsel for plaintiff alongwith plaintiff.
Sh. Sohail Malik, Ld. Counsel for D1.
Sh. A.K. Dubey, Ld. Counsel for D2 through VC.
Sh. Salimuddin, Ld. Proxy counsel for SH. Dheeraj Sharma, Ld.
Counsel for D3 to D5.
At this stage, Ld. Counsel for plaintiff has filed the replication
to the WS of D1. Same is taken on record. Copy supplied.
At this stage, Ld. Proxy Counsel for D3 to D5 has filed the WS
on behalf of D3 to D5. Same be taken on record. Copy supplied.
At this stage, Ld. Counsel for D2 submits that he has not
received the complete paper book and due to the said reason, he could not file
WS within stipulated period. Heard.
Perusal of record shows that D2 was served on 10.06.2024.
However, till date, neither any WS nor any application for condonation of
delay has been filed. Even on the LDOH, Ld. Predecessor of this court gave
liberty to D2 to proceed as per law as the WS was not filed on the said date.
Morevoer, even on the last date of hearing, Ld. Counsel for D2 was present
but he did not take the plea that he had not received the complete copy of
paper book filed by plaintiff. It shows that delaying tactics are being adopted
by the D2 and further shows that D2 is not interested to contest the present
suit. Therefore, considering the facts and circumstances, his right to file WS
is hereby closed.
At this stage, Ld. Counsel for plaintiff has pressed his
application u/o 39 R 1 and 2 CPC.
On the other hand, Ld. Counsel for D1 submits that D1 is in the
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possession of the suit property and further submits that he will not create any
third party interest in the suit property till the final disposal of the present suit.
Separate statement of D1 has been recorded in this regard,
wherein, it has been stated that he will not create any kind of third party
interest in the suit property bearing no. 305, Street No.17, Jafrabad, Delhi-
110053 during the pendency of the suit.
Heard. Record perused.
Perusal of WS filed by D3 to D5 shows that they did not contest
the suit filed by the plaintiff and further prayed that the present suit may
kindly be decreed and their share may be partitioned, in the interest of justice.
Considering the aforesaid facts and circumstances and in view
of the statement of D1 and the WS of D3 to D5, defendants are directed not to
create any third party interest and maintain status quo with respect to the
ownership as well as possession of the suit property bearing no. 305, Street
No.17, Jafrabad, Delhi-110053 (as shown in the respective site plan in any
manner) till the final disposal of the present suit. Accordingly, the aforesaid
application u/o 39 R 1 and 2 CPC stands disposed off as allowed.
Put up for affidavit of admission/denial of documents and
framing of issues on 20.02.2025.
(GAURAV)
DJ-01/SHD/KKD Court/Delhi
24.10.2024
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