Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 5 CS 844/23
ANJU GULATI AND ANR Vs. DARSHAN SINGH ARORA
03.04.2024
1st call at 10:18am
Present: Sh. Pankaj Singhal, Ld. Counsel for the plaintiffs
along with plaintiff in person.
Sh. Vikas Goel and Ms. Seema, Ld. Counsels for the
defendant.
At the request of the Ld. counsel for the plaintiff,
matter is pass over for 10:30am.
(Deepanker Mohan)
Additional District Judge-04
Shahdara District/KKD Courts/Delhi
03.04.2024
2nd call at 10:57am
Present: Sh. Anupam, Ld. Counsel for the plaintiffs along
with plaintiff in person.
Ms. Seema, Ld. Counsel for the defendant.
Affidavit of admission and denial of documents and
site plan of the property along with list of documents along with
extra set filed on behalf of the defendant through e-filing on
01.04.2024. Copy already been supplied.
Affidavit of admission and denial of documents filed
on behalf of the plaintiff. Copy supplied.
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(2)
The defendant in his affidavit of admission and
denial of documents admit the following documents:-
1. Legal notice dated 06.09.2023 which is exhibited as Ex.P-1.
2. Reply dated 18.09.2023 of legal notice which is exhibited as
Ex.P-2.
The plaintiffs in their affidavit of admission and
denial of documents has denied the document i.e. site plan, filed
by the defendant.
Affidavit of admission and denial of documents
concluded.
It is jointly submitted by the 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 the plaintiffs are entitled for decree of mandatory
injunction against the defendant, as prayed? OPP
2. Whether the plaintiffs are entitled for decree of permanent
injunction against the defendant, as prayed? OPP
3. Whether the plaintiffs are entitled for decree of
damages/compensation for an amount of Rs.5 lakhs against the
defendant, as prayed? OPP
4. Whether the plaintiffs have no locus-standi to file the
present suit, as claimed? OPD
5. Whether the plaintiffs have no cause of action to file the
present suit against the defendant, as claimed? OPD
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(3)
6. Whether the present suit is bad for non-joinder of
necessary party? OPD
7. Relief.
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.
The plaintiffs are directed to file evidence by way of
affidavit of the plaintiffs’ 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 05.06.2024.
Date is given as per the convenience of the Ld.
counsels.
(Deepanker Mohan)
Additional District Judge-04
Shahdara District/KKD Courts/Delhi
03.04.2024
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