Interim Order 3

Order Details: COPY OF ORDER
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4 CS 373/24
Sh Akash Handa Vs. Sh Ajay Handa
03.01.2025
Present : Sh. Pradeep Sharma, Ld. Counsel for Plaintiff with
Plaintiff.
Defendant no.1 in person with ld. counsel Sh. Lokesh
Verma.
Sh. Ashish Mishra, Ld. Counsel for Defendant no. 2
(through VC).
Ahlmad is directed to correct the case title on the CIS
server as ‘Akash Handa v. Ajay Handa and anr.’.
Ld. Counsel for Defendant no. 1 submits that he has
already supplied copy of written statement to the Plaintiff and
Defendant no. 2.
Plaintiff has filed Rejonider to the written statement of
Defendant no.1 & rejoinder to the reply of injunction application.
Copy supplied.
Ld. Counsel for Defendant no.2 submits that Plaintiff has
not complied with the Order dated 27.09.2024 and complete papers
book has been supplied to him till date by the Plaintiff.
Ld. Counsel for Plaintiff submits that he is not having
Whatsapp number of ld. counsel for Defendant no. 2 and thus, he has
not supplied the copy to him.
Perusal of record shows that Whatsapp number of ld.
counsel for Defendant no. 2 is already mentioned in the last ordersheet.
Plaintiff is warned to be careful in future.
Plaintiff is directed to comply with Order dated
27.09.2024. 373
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Put up for completion of pleadings, filing of affidavit
regarding admission-denial of documents and for framing of issues on
17.04.2025.
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi.03.01.2025.
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5 PC 11/16
URMILA SINGH Vs. STATE
03.01.2025
Present : Sh. Shahbaz Ahmad Naik, Ld. Counsel for Petitioner with
witness-Ms. Veena Kumari
None for Respondent no. 1.
Sh. Abhishek Gupta, Ld. Counsel for Respondent no. 2
(through VC). (Mobile no. 9718062292).
None for other respondents.
Ahlmad is directed to correct the case title on the CIS
server as ‘Urmila Singh v. State and Ors.
Evidence affidavit of PW- Ms. Veena Kumari filed by the
ld. counsel for petitioner.
Ld. Counsel for Petitioner submits that he has sent the
copy of above to the address of the Respondent no. 2 via post two days
ago.
Extra set of same is placed on record. Be supplied against due
acknowledgment.
Put up for PE on 01.04.2025.
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi.03.01.2025.
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6 CS 221/22
DEEPALI GUPTA Vs. DHARMENDER JAIN
03.01.2025
Statement of Sh. Aditya Jain, Advocate for the Plaintiff.
At bar
I am counsel for plaintiff. Under instructions from Plaintiff,
I state that Plaintiff does not want to examine any other witness and PE
may be closed.
RO & AC
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi. 03.01.2025
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6 CS 221/22
DEEPALI GUPTA Vs. DHARMENDER JAIN
03.01.2025
Present : Sh. Aditya Jain, Ld. Counsel for Plaintiff.
Defendant in person with ld. counsel Ms. Tanya Kathuria.
Ld. Counsel for Plaintiff submits that he does not wish to
examine any other witness and evidence may be closed.
Separate statement of ld. counsel for plaintiff has been
recorded in this regard.
As such, PE stands closed.
Evidence affidavits of all the DWs be filed on record
within 04 weeks and advance copy of same be supplied to the Plaintiff
at least 10 days prior to next date.
Put up for DE on 05.04.2025.
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi.03.01.2025.
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7 CS 222/22
MUKESH KUMAR Vs. DHARMENDER JAIN
03.01.2025
Present : Sh. Aditya Jain, Ld. Counsel for Plaintiff.
Defendant in person with ld. counsel Ms. Tanya Kathuria.
Matter is listed today for further cross examination of
PW-1.
Perusal of record shows that further cross examination of
PW-1 was deferred for want of bank statement of the relevant period.
Ld. Counsel for Plaintiff submits that bank statement of
the Plaintiff for the period 2016 is not available. He further submits that
the amount in question was transferred in the account of defendant in
the year 2018 and he has already filed on record bank statement for the
said period.
Ld. Counsel for Defendant submits that Plaintiff is
deliberately not filing bank statement and she seeks an adjorunment to
confront the witness with the relevant documents.
Put up for cross examination of PW-1 on 05.04.2025.
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi.03.01.2025.
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8 CS 665/22
AMIT HANDA Vs. SH. KAPIL HANDA
03.01.2025
Present : Sh. Abheesht Sharma, Ld. Counsel for Plaintiff with
PW- Smt. Goldy Handa.
Ms. Suman Arora, Ld. Counsel for Defendants
(through VC).
Defendants no. 1 and 3 in person.
Ahlmad is directed to correct the case title on the CIS
server as ‘Amit Handa v. Kapil Handa and ors.’.
Ld. counsel for Plaintiff has filed medical documents of
Plaintiff in terms of previous order. Copy supplied.
Plaintiff’s application under Order 7 Rule 14(3) CPC is
pending for disposal. Defendant has filed reply to the said application.
Ld. Counsel for Plaintiff submits that by way of this
application, Plaintiff wants to bring on record certain docuemtns as
mentioned in the list. He submits that these documents are the govt.
record i.e. mutuation record etc. He submits that these documents are
necessary for the disposal of the case in hand.
Ld. Counsel for Defendant has opposed the application on
the ground that the mutation in revenue records do not create or
extinguish the title over the property and the same cannot be
considered as title documents.
Ld. Counsel for Plaintiff submits that the said objection of
ld. counsel for defendant may be considered at the time of final
arguments.
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Heard and perused the record.
The present suit is partition suit between the parties.
Plaintiff and defendant no. `1 are real brothers. The documents which
the plaintiff wants to bring on record by way of instant application, are
documents releated to the property in question. In such circumstances,
the application is disposed off as allowed subject to costs of Rs.2,000/-
to be paid to Defendants.
Plaintiff has filed evidence affidavit of PW-1 Smt. Jyoti
Handa. Copy supplied.
Ld. Counsel for Defendants submits that Plaintiff was
burdened with costs of Rs.1,000/- in January 2024 and same is not paid
till date.
Ld. Counsel for Plaintiff ensures to clear all the costs on or
before the NDOH.
Witness submits that longer date may be given as she has
to go back to United Kingdom on 08.01.2025 as his younger son is
having medical issues.
Put up for PE on 04.08.2025.
It is jointly submitted to refer the matter to the Mediation to
explore the possibility of settlement.
As such, matter is referred before the Mediation center for
exploring possibilities of settlement between the parties.
Parties are directed to appear before Ld. Judge Incharge,
Mediation center on 04.01.2025 at 2.00 PM.
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Put up for report on settlement/PE on date fixed.
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi.03.01.2025.
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9 CS 1731/16
KRISHNA DEVI AND ANR Vs. BIJENDER PAL
03.01.2025
Present : Sh. J. K. Chawla, Ld. Counsel for Plaintiff with Plaintiff
no. 2.
Sh. Hitesh Kumar Bhardwaj, Ld. Counsel for Defendant.
Ld. Counsel for Defendant submits that Defendant is
unwell today and therefore, he has not appeared.
Let medical documents of Defendant be filed on record.
Sh. Atul Kumar, interpreter is not present today.
Reader of this court has telephonically contacted with Sh.
Atul Kumar, who submits that date in the month of March 2025 may be
given.
Put up for further proceedings on 22.03.2025.
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi.03.01.2025.
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10 CS 72/17
ASHOK SHARMA Vs. POOJA VASHISTHA
03.01.2025
Present : Sh. Rakesh Sharma, Ld. Counsel for Plaintiff.
Sh. Hitesh Kumar Bhardwaj, Ld. Counsel for Defendant
with Defendant.
An adjournment application filed by the Ld. counsel for
Plaintiff.
Ld. Counsel for Plaintiff submits that Plaintiff no. 1 is
suffering with Kidney failure and prostate infection and on this ground
he is seeking an adjournment.
Adjournment application is not opposed by other side.
For the reasons stated in the application, the same is
disposed off as allowed for today only.
Put up for DE on 08.04.2025.
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi.03.01.2025.
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11 CS 41/18
JITENDER KUMAR GARG Vs. AKASH JAIN
03.01.2025
Present : Sh. K. Rahman, Ld. Counsel for Plaintiff with Plaintiff.
Sh. L. G.Dass, Ld. Counsel for Defendant with Defendnat.
An application of Plaintiff seeking summoning of witness
dated 19.02.2024 is pending for disposal.
Ld. Counsel for Plaintiff submits that both the said
witnesses, mentioned in the said application, are witness to Ex. PW1/7 /
compromise deed dated 10.03.2015.
Ld. Counsel for Defendant has vehemently opposed the
said application on the ground that the said document is an admitted
document, which was executed between the Plaintiff and the Defendant.
He further submits that when, he has admitted the said document that
the same was executed between the parties, there is no requirement of
calling the witnesses to the said document.
In view of the above submissions of Ld. counsel for
defendant, Ld. Counsel for Plaintiff at this stage submits that he is not
pressing the said application.
In view of above submissions, the aforesaid application is
disposed off as not pressed.
Put up for RPE on 14.04.2025.
Plaintiff to take steps in advance.
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi.03.01.2025.
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12 CS 717/19
RAMAYANA SINGH Vs. M/S KINDLE INFRAHEIGHTS PVT LTD
(SIKKA GROUP ) AND ORS
03.01.2025
Present : Sh. Puneet Kumar Saxena, Ld. Counsel for Plaintiff
(through VC).
None for Defendants.
d
Put up on d
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi.03.01.2025.
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13 PC 59/16
DEEPA SHARMA AND ORS. Vs. THE STATE AND ORS.
03.01.2025
Present : Petitioners in person with ld. counsel Dr. Naipal Singh.
None for respondent no.1.
Sh. Bhanu Pratap Shukla, Ld. Counsel for Respondents
(except Respondent no.1) with Respondents .
Final arguments heard in part.
Put up for clarifications, if any/pronouncement of
Judgment on _______________
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi.03.01.2025.
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14 CS 880/17
UNION BANK OF INDIA Vs. M/S D B ENTERPRISES
03.01.2025
Present : Ms. Deepa Gupta, Ld. Counsel for Plaintiff (through VC).
Defendant is exparte.
Final arguments heard. Record perused.
Put up for clarifications, if any/pronouncement of
Judgment on _______________
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi.03.01.2025.
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15 CS 138/19
MRS RITU SHARMA Vs. SH J MITHLEYSHWAR
03.01.2025
Present : Sh. Mridul Jain, Ld. Counsel for Plaintiff (through VC) and
Advocate Ms. Ruby Sharma is present in court.
Sh. Rohit Rattu, Ld. counsel for Defendant (through VC).
Matter is listed today for final arguments.
In between, an application under Section 151 CPC for
recalling of Order dated 05.10.2024 a/w copy of medical documents of
Defendant and his mother filed by the Defendant.
Today, written arguments on said application filed by the
Plaintiff.
Ld. Counsel for Defendant submits that Defendant could
not appear on 20.07.2024 as he was suffering with fever. He further
submits that he could not appear on 05.10.2024 as he was looking after
his mother, who was unwell. He further submits that Defendant is the
only witness and exactly one opportunity may be given to him to lead
evidence. He further submits that evidence affidavit of Defendant is
already on record.
Ld. Counsel for Plaintiff submits that Defendant has not
deposited/cleared the costs imposed upon him on 20.04.2024 and
20.07.2024. He further submits that Defendant has taken various
adjournments at the time of Plaintiff’s evidence as well.
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Ld. Counsel for Defendant submits that he will clear the
previous costs. He further submits that the Plaintiff may be
compensated in terms of costs and his application may be allowed
subject to costs.
Heard on said application. Record perused.
Matter is at the stage of DE since 20.01.2024. Perusal of
record shows that Defendant has not led evidence since the last three
dates of hearing and as such, DE was closed by Order dated
05.10.2024.However, considering the fact that it would be appropriate if
the suit is decided on merits. The aforesaid application is disposed off
as allowed subject to payment of costs of Rs.10,000/-. Order dated
05.10.2024 is hereby recalled and Defendant is granted exactly one
opportunity to lead evidence on next date.
Defendant to clear all the costs within two weeks
positively.
It is made clear to the Defendant that payment of previous
costs and costs imposed today, is the condition precedent to lead
evidence.
Put up for DE on 04.04.2025.
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi.03.01.2025.
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16 CS 2216/16
RAJENDER KUMAR Vs. MOTI RAM AND ORS.
03.01.2025
Present : Sh. L. K. Dixit, Ld. Counsel for Plaintiff.
None for Defendants.
Matter is listed today for Orders on Plaintiff’s application
under Order 7 Rule 14 CPC.
Ld. Counsel for Plaintiff has further argued upon the said
application. I have heard arguments of Ld. counsel for defendants on
last date of hearing.
Put up for Orders on said application on 22.02.2025.
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi.03.01.2025.
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17 CS 760/21
KIRAN AGGARWAL - SENIOR CITIZEN Vs. AKHIL BHARDWAJ
(HUF)
03.01.2025
Present : Sh. Kishore Bhandari, Ld. Counsel for Plaintiff.
Sh. Utkarsh Gautam, proxy Counsel for Defendant
(through VC).
Matter is listed today for Orders on Plaintiff’s application
under Order 12 Rule 6 CPC.
Order is under dictation and is yet to finalise.
Put up for the same on ___________
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi.03.01.2025.
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18 RCA DJ 27/22
SMT. JAI MALA Vs. SMT. MUNESH MALIK
03.01.2025
Present : Sh. Haim Kumar, Ld. Counsel for Appellant.
Respondent is exparte.
Matter is listed today for Orders on appeal.
Put up on d
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi.03.01.2025.
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20 CS 574/19
SHWETA GUPTA Vs. RENU ANAND
03.01.2025
Present : Sh. d, Ld. Counsel for Plaintiff.
Sh. D, Ld. Counsel for Defendant.
d
Put up on d
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi.03.01.2025.
.
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19 RCA DJ 114/2024
Jagjeet Singh and ors. v. Gurcharan Singh and ors.
03.01.2025
Present : Sh. Biswajit Kr. Patra, Ms. Khushboo and Ms. Kiran
Yadav, Ld. Counsel for Appellant.
Sh.Abhijit Mishra and Sh. Saurav Singh, Ld. Counsel for
Respondents no. 1 and 2.
In between, Appellant has filed an application under Order
41 Rule 5 CPC r/w Section 151 CPC a/w proof of service as per Index
running upto 12 pages.
Ld. Counsel for Appellant submits that copy of the same
has already been supplied to the other side.
Ld. Counsel for Respondents submits that arguments on
appeal have already been heard and matter is listed today for Orders.
He further submits that in such circumstances, the present application is
an attempt to delay the disposal of appeal.
Put up for Orders on appeal on 07.01.2025.
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi. 03.01.2025
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