Order 8

Order Details: COPY OF ORDER
Pdf Text: 18 CS 496/24
BHANWAR SINGH VS. SURESH BABU
24.01.2026
Both of the regular stenographers are on leave.
Present: Sh. Yogesh Sharma and Ms. Pratima, Ld. Counsels for
plaintiff
Sh. Atul Chaturvedi, Ld. Counsel for D-3 to D-6 (Right to
file WS closed on 09.01.2025.)
Sh. Satender Sharma, Ld. Counsel for D-1, D-2, D-7 and
D-8
Today matter is listed for payment of cost and reply and
arguments on the application under Section 151 CPC filed by D-3
to D-6.
Previous cost paid to Ld. Counsel for plaintiff.
WS filed on behalf of defendant No.3 to 6.
During the course of hearing, Ld. Counsel for plaintiff
fairly submits that without prejudice his rights and contentions, he
has no objection if the aforesaid application filed by D-3 to D-6
may be allowed and the delay for filing WS may be condoned.
Heard.
Keeping in view the aforesaid facts and circumstances,
reasons mentioned in the aforesaid application as well as on the
basis of submissions made by the Ld. Counsel for defendant No.3
to 6 and the no objection given by the Ld. Counsel for plaintiff,
considering that it is well settled that the cases should be decided
on merits, rather than on technicalities, also considering the fact
that the present suit is at initial stage and issues are yet to be
framed, the aforesaid application is disposed of as allowed, subject
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to imposition of cost of Rs.1,000/- each to be paid by the
defendants No.3 to 6 to the plaintiff.
Ld. Counsel for defendants No.3 to 6 undertakes to
pay the aforesaid cost on NDOH to the plaintiff. Heard.
The delay in filing the WS of defendants No.3 to 6 shall
be condoned and the WS of defendants No.3 to 6 shall be taken on
record, subject to payment of aforesaid cost.
At this stage, Ld. Counsel for plaintiff submits that he does
not wish to file the replication to the WS of defendants. Heard.
In view thereof, his right to file replication is hereby
closed.
At this stage, Ld. Counsel for plaintiff has pressed his
application under Order XXXIX Rule 1 and 2 CPC.
During the course of hearing, Ld. Counsel for defendants
No.1 to 8 submits that defendants will not create any third party
right or interest in the suit property i.e. ad-measuring 480 sq. yards,
khasra No.25, situated in Village Ghondli, Delhi (presently known
as X-3909/7, Gali No.8, Shanti Mohalla, Gandhi Nagar,
Delhi-110031, in any manner and shall also maintain the status quo
with respect to the title, possession and physical status of the suit
property.
Separate statements of D-1, D-2 and Ld. Counsels for D-3
to D-6 and D-7 to D-8 recorded in this regard.
In view of the respective statements given by the parties,
defendants are restrained from creating any third party interest in
the suit property i.e. ad-measuring 480 sq. yards, khasra No.25,
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CS 496/24
BHANWAR SINGH VS. SURESH BABU
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situated in Village Ghondli, Delhi (presently known as X-3909/7,
Gali No.8, Shanti Mohalla, Gandhi Nagar, Delhi-110031, in any
manner, and to maintain status quo as to ownership as well as
possession in the suit property, till the pendency of the suit. The
application under Order XXXIX Rule 1 and 2 CPC is disposed off
accordingly.
Parties are directed to file the affidavits of admission
denial of documents and proposed issues on or before the next date
of hearing with an advance copy to the opposite party.
To come up for admission denial of documents and
framing of issues on 10.03.2026.
(Gaurav)
District Judge-01/ SHD
KKD/Delhi/24.01.2026
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