Order 11

Order Details: COPY OF ORDER
Pdf Text: 16 CS 735/23
YASH KUMAR Vs. KAMAL KUMAR AND ANR
16.10.2025
1st call at 11:30am
Present: Sh. Prateek Mehta and Sh. Dhruv Chhabra, Ld.
Counsels for plaintiff along with plaintiff.
Sh. Prince, Ld. proxy counsel for Sh. Pramod
Tripathi, Ld. Counsel for D-1 & D-2.
Ld. proxy counsel for D-1 and D-2 submits that
main counsel is not available today. He further submits that prior
intimation has already been given to Ld. counsel for plaintiff.
Same has been acknowledged by Ld. counsel for plaintiff.
An application under Order XXVI Rule 1 r/w
Section 151 CPC filed on behalf of plaintiff. Copy supplied to
Ld. proxy counsel for D-1 and D-2.
On request of Ld. proxy counsel for D-1 and D-2,
matter is pass over for 10 minutes.
(Deepanker Mohan)
District Judge-04
Shahdara District/KKD Courts/Delhi
16.10.2025
2nd call at 11:52am
Present: Sh. Prateek Mehta and Sh. Dhruv Chhabra, Ld.
Counsels for plaintiff along with plaintiff.
Sh. Prince, Ld. proxy counsel for Sh. Pramod
Tripathi, Ld. Counsel for D-1 & D-2.
Ld. proxy counsel for D-1 and D-2, on instructions
submits that defendants do not wish to file reply to the aforesaid
application. He further on instructions submits that plaintiff has
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(2)
no objection, if present application be allowed and LC be
appointed for recording the evidence of PW Sh. R.S. Yadav.
Ld. counsel for plaintiff, on instructions submits that
he will file the evidence affidavit of PW Sh. R.S. Yadav along
with his medical documents within 10 days from today. Let
evidence affidavit along with medical documents of Sh. R.S.
Yadav be filed within 10 days from today with an advance copy
to defendants.
At this stage, Ld. counsel for plaintiff submits that
plaintiff shall call PW Sh. R.S. Yadav before this Court for
recording of his evidence. He further submits that a short date be
given. He further on instructions submits that plaintiff wants to
withdraw the application under Order XXVI Rule 1 r/w Section
151 CPC.
In view of the submission, application under Order
XXVI Rule 1 r/w Section 151 CPC is hereby dismissed as
withdrawn.
Application under Order XXVI Rule 1 r/w Section
151 CPC is accordingly disposed of.
Considering the medical conditions of Sh. R.S.
Yadav and in view of the submissions, matter be adjourned.
Put up for PE on 10.11.2025 and 11.11.2025.
Date is given as per the convenience of Ld. counsels.
(Deepanker Mohan)
District Judge-04
Shahdara District/KKD Courts/Delhi
16.10.2025
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