Order 7

Order Details: COPY OF ORDER
Pdf Text: 26 CS 2632/24
Mohd Gayyur Vs. Mohd Rizwan and Ors
17.09.2025
AT 01:00 PM
Present: Sh. Sandeep Tyagi, Ld. Counsel for plaintiff through
VC
Ms. Nikita, Ld. proxy counsel for Sh. Sandeep
Tyagi, Ld. Counsel for plaintiff.
Sh. Kanhaiya, Ld. Proxy Counsel for Sh. Vishesh
Kumar Raghav, Ld. Counsel for D-1 and D-7.
None for D-2 to D-6.
Sh. Prashant Kumar Sharma, Ld. Counsel for D-8
through VC.
Ms. Sudha Chauhan, Ld. Proxy Counsel for Sh.
Prashant Kumar Sharma, Ld. Counsel for D-8
Sh. Vinay Rathi, Ld. Counsel for DUSIB/D-9.
Ld. Proxy Counsel for D-1 submits that D-1 has sold
the suit property to Sh. Javed s/o Abdul Majeed. He further
submits that D-1 needs some time to disclose the exact
address/particulars of Sh. Javed. He further submits that D-1
shall also provide the copy of documents vide which the suit
properties were sold to Sh. Javed by D-1. Let the same be filed
within fifteen days from today.
Ld. Counsel for D-8 submits that D-8 had already
supplied the copies of documents which were filed at the time of
obtaining electricity connection in the suit property. He further
submits that D-8 is not a necessary or a proper party to the
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present suit. He further submits that D-8 shall produce the
original record pertaining to the electricity connections bearing
CA No.151616511 and CA No.152920619 as and when required
and called by this Court.
Ld. Counsel for plaintiff on instructions submits that
plaintiff has no objection, if D-8 be deleted from the array of
parties. He further submits that he will summon D-8 at the stage
of evidence.
Heard.
In view of the submissions and contentions made in
the application, the application under Order I Rule 10 r/w Section
151 CPC filed by D-8 stands allowed.
D-8 BSES Yamuna Power Ltd. is deleted from the
array of parties. However, plaintiff is at liberty to summon the
relevant record from D-8 BSES Yamuna Power Ltd. at the stage
of evidence, if required.
The application under Order I Rule 10 r/w Section
151 CPC is accordingly disposed off.
Put up for reply and arguments on the application
under Order XI Rule 12 and 14 r/w Section 151 CPC, application
under Order XXXIX Rule 1 and 2 r/w Section 151 CPC and
framing of issues on 08.10.2025.
(Deepanker Mohan)
District Judge-04
Shahdara District/KKD Courts/Delhi
17.09.2025
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