Order 8

Order Details: COPY OF ORDER
Pdf Text: 8 CS 909/23
BABLESH KUMAR VS. SAPNA
17.07.2025
Present: Sh. Lalit Yadav, Counsel for plaintiff with plaintiff.
Sh. Mohd. Zahid and Sh. Anil Kumar, ld. Counsel for defendant.
The defendant has moved an application for waiver of cost
imposed vide order dated 05.04.2025 alongwith medical documents of the
defendant. The defendant has also filed affidavit of A/D of documents. Copy
supplied.
Counsel for defendant ensures that the defendant will diligently
attend the proceedings and shall not seek unnecessary adjournments.
For reasons stated in the application, the application seeking
waiver of cost stands disposed off as allowed. The cost imposed upon the
defendant vide order dated 05.04.2025 stands waived.
Ld. Counsel for defendant submits that the plaintiff is relying on
agreement to sell for his prayer of permanent injunction. Ld. Counsel further
submits that instead of filing suit for specific performance, the plaintiff has
filed suit for recovery and permanent injunction.
Counsel for the plaintiff submits that he is not pressing on prayer
for permanent injunction and same may be dropped.
Separate statement of plaintiff is recorded to this effect.
In view of the statement of plaintiff, prayer b seeking permanent
injunction stands dropped.
Pleadings are complete in this case. Following issues arise out of
the pleadings—
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1. Whether the plaintiff is entitled for decree for recovery of Rs.6
lakhs, as prayed for? OPP
2. Whether the plaintiff is entitled to interest, if yes, at what rate and
for what period? OPP
3. Relief
No other issue arises or is pressed for. List of witnesses be filed
by parties within 15 days. Evidence by way of affidavit be supplied atleast 10
days in advance to the other side.
Matter is now fixed for PE on 29.10.2025.
(Mohammad Ehtesham)
DJ – 03, Shahdara District,
Karkardooma Courts, Delhi
17.07.2025
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