Delhi High Court - Orders
Xxxix Rules 1 And 2 Read With Section 151 ... vs Anurag Sant on 1 February, 2022
Author: Asha Menon
Bench: Asha Menon
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 52/2022, I.A.s 1674/2022 (by the plaintiffs under Order
XXXIX Rules 1 and 2 read with Section 151 CPC)
ANUPRIYA VIJ & ANR. ..... Plaintiffs
Through: Mr. Shekhar Gupta, Advocate
versus
ANURAG SANT ..... Defendant
Through: None
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 01.02.2022
[VIA VIDEO CONFERENCING]
I.A.1675/2022 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
CS(OS) 52/2022, I.A.s 1674/2022 (by the plaintiffs under Order XXXIX Rules 1 and 2 read with Section 151 CPC)
3. The plaint be registered as a suit.
4. This suit has been filed for partition, mesne profits, rendition of accounts, permanent injunction and declaration.
5. Issue summons in the suit and notice in the application to the defendant by all permissible modes, returnable before the Joint Registrar.
6. The summons shall indicate that the written statement to the suit and reply to the application be filed by the defendant within thirty days from the date of receipt of the summons. The defendant shall also file Signature Not Verified Signed By:MANJEET KAUR CS(OS) 52/2022 Page 1 of 3 Signing Date:01.02.2022 22:15:25 the affidavit of admission/denial of the document(s) filed by the plaintiff(s), failing which the written statement shall not be taken on record.
7. The plaintiffs are at liberty to file replication(s) to the written statement and rejoinder(s) to the reply(ies) filed by the defendant within thirty days following the filing of the written statement/reply. The replication(s) shall be accompanied by the affidavit of admission/denial in respect of the documents filed by the defendant, failing which the replication(s) shall not be taken on record.
8. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the time lines.
9. The plaintiffs are the sisters of the defendant. Mr. Shekhar Gupta, learned counsel for the plaintiff submits that the partition is sought in respect of a residential property bearing No. (i) Property No. B-215, Ashok Vihar, Phase-1, Delhi-110052 comprising of Ground floor, first floor and terrace above, built on a plot of land admeasuring 300 sq. yds. (250.80 sq.meters), which is a constructed property and (ii) Property No. 5-B, Nath Market. First Floor. Nai Sarak, Delhi-110006 admeasuring approximately 600 sq. ft. under commercial tenancy, and it is submitted by the learned counsel for the plaintiffs that presently there are no proceedings pending in respect of this property. The submission is noted.
10. Till the next date of hearing, the parties to the suit shall maintain status quo in respect of the suit properties, namely, (i) Property No. B- 215, Ashok Vihar, Phase-1, Delhi-11 0052 comprising of Ground floor, first floor and terrace above, built on a plot of land admeasuring 300 sq. yds. (250.80 sq.meters) in respect of the title and (ii) Property No. 5-B, Nath Market. First Floor. Nai Sarak, Delhi-110006 admeasuring approximately 600 sq. ft. in respect of the possession subject to any other proceedings between landlord and tenant in respect of property 5- Signature Not Verified Signed By:MANJEET KAUR CS(OS) 52/2022 Page 2 of 3 Signing Date:01.02.2022 22:15:25 B, Nath Market.
11. Provisions of Order XXXIX Rule 3 CPC be complied with.
12. On request made by the learned counsel for the plaintiffs, the plaintiffs are directed to file the paper-book before the Registry along with the CD they intend to file.
13. List before the Joint Registrar on 27th April, 2022 for completion of service and pleadings.
14. The order be uploaded on the website forthwith.
ASHA MENON, J FEBRUARY 1, 2022/ak Signature Not Verified Signed By:MANJEET KAUR CS(OS) 52/2022 Page 3 of 3 Signing Date:01.02.2022 22:15:25