Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 12 CS 735/23
YASH KUMAR Vs. KAMAL KUMAR AND ANR
18.10.2023
Present: Sh. Raghu Vashisth and Ms. Ashi Jain, Ld. Counsels for the
plaintiff along with plaintiff.
Sh. Manoj Tripathi, Ld. Counsel for the defendants no.1 and
2 along with defendant no.1 in person.
Deficit court fees of Rs.81,000/- filed on 12.10.2023. Same is
taken on record.
List of documents along with post receipt and tracking report
filed by the Ld. Counsel for the plaintiff. Same is taken on record.
Fresh Vakalatnama filed on behalf of the defendant no.1.
Same is taken on record.
Memorandum of appearance filed on behalf of defendant
no.2. Same is taken on record.
Ld. Counsel for the defendants is directed to file vakalatnama
on behalf of defendant no.2 on or before the NDOH.
It is submitted by the Ld. Counsel for the defendants that
defendants have not received the documents filed by the plaintiff in the
present suit.
Copy of entire documents filed along with the plaint in the
present suit supplied to the Ld. Counsel for the defendants today itself in the
court.
It is submitted by the Ld. Counsel for the plaintiff that he has
already moved an application u/s 151 CPC thereby seeking directions
against the defendants to restrain them from doing alteration/addition in the
suit property.
It is orally submitted by the Ld. Counsel for the plaintiff that
defendants be also restrained from crating any third party right/interest in
the suit property during the pendency of the present suit.
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(2)
It is submitted by the Ld. Counsel for the defendants that
defendants have no intention to create any third party right or interest in the
suit property.
It is submitted by the Ld. Counsel for the defendants that
defendants shall not claim any special equities in respect to suit property
against the plaintiff, if the plaintiff succeed in the present suit.
It is submitted by the Ld. Counsel for the defendants that the
plaintiff shall also be restrained to execute any sale documents to any person
in respect to the suit property or to create any third party right or interest in
the suit property during the pendency of the suit.
It is submitted by the Ld. Counsel for the plaintiff that
plaintiff has no intention to create any third party right or interest in the suit
property during the pendency of the present suit.
Separate statements of plaintiff and defendant no.1 recorded.
In view of the submissions made by the Ld. Counsel for the
defendants and Ld. Counsel for the plaintiff and considering the statements
given by the plaintiff and defendant no.1 and also facts of the present case,
plaintiff and defendants are restrained from creating any third party right or
interest in the suit property during the pendency of the present suit.
In view of the statement made by the defendant no.1,
defendants shall not be entitled for any special equities in respect to suit
property against the plaintiff for carrying out any alteration, renovation,
construction, addition etc. in the suit property, if the plaintiff succeed in the
present suit.
In view of the above observations, application u/s 151 CPC
filed by plaintiff is hereby disposed off accordingly.
Defendants are directed to file their respective written
statement within 30 days from today with an advance copy to the plaintiff.
Plaintiff is at liberty to file replication, if any within 03 weeks
thereafter, with an advance copy to the defendants.
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(3)
Plaintiff and defendants are directed to file the respective
affidavits of admission and denial within 45 days from today with the
advance copy to other side.
Parties are directed to produce original documents on the
NDOH.
Put up for completion of pleadings, affidavit of admission
and denial and framing of issues on 30.01.2024.
(Deepanker Mohan)
Additional District Judge-04
Shahdara District/KKD Courts/Delhi
18.10.2023
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