Order 5

Order Details: COPY OF ORDER
Pdf Text: CS 735/23
YASH KUMAR Vs. KAMAL KUMAR AND ANR
10.05.2024
At 12:10pm
Present: Sh. Parteek Mehta, Ld. counsel for plaintiff through
VC.
Sh. Anshul Luthra, Ld. proxy counsel for Sh.
Parteek Mehta, Ld. Counsel for the plaintiff along
with plaintiff in person.
Sh. Pramod Tripathi, Ld. Counsel for defendants
no.1 and 2 along with defendant no.1 in person.
Affidavit of admission and denial of documents filed
on behalf of D-1 on 19.04.2024. Copy supplied.
Ld. Counsel for D-1 and D-2 submits that D-2
adopts the affidavit of admission and denial of documents filed
on behalf of D-1.
Defendants in their affidavit of admission and denial
of documents have denied all the documents filed by plaintiff.
Plaintiff in his affidavit of admission and denial of
documents admits the following documents:-
1. Judgment passed in CS No.216/17 is marked as Mark P-1
for identification.
2. Judgment passed in RC DJ No.952/17 is marked as Mark
P-2 for identification.
3. Judgment passed in CS No.541/17 is marked as Mark P-3
for identification.
-- 1 of 4 --
(2)
4. Judgment passed in RC DJ No.124/17 is marked as Mark
P-4 for identification.
5. Judgment passed in Civil Suit no.42/17 is marked as Mark
P-5 for identification.
6. Judgment passed in RCA DJ No.167/16 is marked as
Mark P-6 for identification.
7. Judgment passed in RCA DJ no.168/17 is marked as Mark
P-7 for identification.
8. Judgment passed in Civil suit no.9077/2016 is marked as
Mark P-8 for identification.
9. Judgment passed in Civil Suit no.9078/2016 is marked as
Mark P-9 for identification.
10. Judgment passed in Civil Suit no.355/2021 is marked
Mark P-10 for identification.
11. Order passed under Senior Citizen Act in case titled as
“Kaushal Rani Gor Vs. Yash Gor” is marked as Mark P-11 for
identification.
12. FIR no.505/2019 registered at PS Welcome is marked as
Mark P-12 for identification.
13. Action Taken Report is marked as Mark P-13 for
identification.
14. Copy of order dated 22.02.2020 is marked as Mark P-14
for identification.
15 Aadhar Card is marked as Mark P-15 for identification.
Admission and denial of documents concluded.
-- 2 of 4 --
(3)
It is jointly submitted by Ld. counsels that the
pleadings in the present matter are completed and further request
to frame issues in the present matter.
Pleading of the parties are completed. From the
pleadings of the parties, following issues are framed:-
1. Whether plaintiff is entitled for decree of declaration
against defendants thereby declaring the plaintiff as owner of
the suit property on the basis of notarized GPA, Agreement to
Sell and Deed of Will all dated 02.01.2002, as prayed? OPP
2. Whether defendant no.1 is the owner of the suit
property by virtue of will deed dated 28.03.2012, as claimed?
OPDs
3. Whether the GPA, agreement to sell and Deed of Will
all dated 02.01.2002 are forged documents as claimed? OPDs
4. Whether the plaintiff is entitled for decree of
permanent injunction against the defendants, as prayed ?
OPP
5. Whether the plaintiff is entitled for decree of
mandatory injunction against the defendants, as prayed ?
OPP
6. Whether the plaintiff is entitled for money decree for
recovery of damages/mesne profit against the defendants? If
yes then what would be the quantum of damage and for what
period? OPP
7. Relief.
-- 3 of 4 --
(4)
No other issues arises or is pressed by the parties, at
this stage. The parties are directed to file list of witnesses within
15 days from today.
Plaintiff is directed to file evidence by way of
affidavit of the plaintiff’s witnesses within 30 days, with an
advance copy to the opposite side, at least seven days prior to the
NDOH.
Put up for PE on 21.08.2024.
Date is given as per the convenience of Ld.
counsels.
(Deepanker Mohan)
District Judge-04
Shahdara District/KKD Courts/Delhi
10.05.2024
-- 4 of 4 --