Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: CS 380/2023
HUKAM CHAND JAIN Vs.
PADAM CHAND JAIN
16.10.2024
Present: Sh. Ankit Bhadoria, Ld. Counsel for plaintiff alongwith
plaintiff.
Sh. K.K. Luthra, Ld. Counsel for D1 alongwith D1.
Ms. Payal Budhiraja, Ld. Counsel for D2 to D4.
Today, matter is listed for arguments on applications u/o 6 Rule
17 CPC, u/s 151 CPC and u/o 13 Rule 1 CPC.
At this stage, Ld. Counsel for plaintiff submits that he does not
want to pursue the aforesaid applications and wishes to withdraw the same
with the liberty to file afresh. Heard.
In view of the submissions, applications filed by plaintiff u/o 6
Rule 17 CPC, u/s 151 CPC and u/o 13 Rule 1 CPC are dismissed as
withdrawn and disposed off accordingly. He is at liberty to proceed as per
law.
At this stage, Ld. Counsel for plaintiff has pressed his
application u/o 39 Rule 1 & 2 r/w Section 151 CPC.
On the other hand, Ld. Counsels for defendants submit that
defendants will not create any third party interest in the suit property i.e.
H.No. 1/2287, Ram Nagar, Mandoli Road, Shahdara, Delhi-110032 and Flat
No. 1200, Janta Flat, GTB Enclave, Nand Nagari, Delhi-110093.
Separate statements of D1 and Ld. Counsel for D2 to D4 are
recorded to this effect.
In view of the submissions of Ld. Counsels for defendants,
statements of D1 as well as Ld. Counsel for D2 to D4, defendants are directed
not to sale, alienate, dispose off, create any third party right/title/interest over
the suit properties i.e. H.No. 1/2287, Ram Nagar, Mandoli Road, Shahdara,
Delhi-110032 and Flat No. 1200, Janta Flat, GTB Enclave, Nand Nagari,
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Delhi-110093 till the pendency of the suit.
The application u/o 39 Rule 1 & 2 CPC stands allowed and
disposed off accordingly.
Matter is adjourned.
Put up for further proceedings on 20.02.2025.
(GAURAV)
DJ-01/SHD/KKD Court/Delhi
16.10.2024 (AK)
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