Delhi High Court - Orders
The Plaintiff Under Order Ii Rule 2 Read ... vs Mohit Singhal & Anr on 14 September, 2021
Author: Asha Menon
Bench: Asha Menon
$~Suppl.-11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 436/2021, I.As.11813/2021 (by the plaintiff under Order
XXXIX Rules 1 & 2 read with Section 151 CPC), 11814/2021 (by
the plaintiff under Order II Rule 2 read with Section 151 CPC
seeking permission for reserving the rights of the applicant to
seek all or any other reliefs not claimed against the
defendants under Order II Rule 2), 11815/2021 & 11816/2021
(Exemption)
KAVITA JAIN ..... Plaintiff
Through: Mr. Rajat Joseph, Advocate
versus
MOHIT SINGHAL & ANR. ..... Defendants
Through: None.
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 14.09.2021 I.A. 11815/2021 & 11816/2021 (Exemption)
1. Allowed, subject to all just exceptions.
2. The applications stand disposed of.
CS(OS) 436/2021, I.As.11813/2021 (by the plaintiff under Order XXXIX Rules 1 & 2 read with Section 151 CPC), 11814/2021 (by the plaintiff under Order II Rule 2 CPC read with Section 151 CPC seeking permission for reserving the rights of the applicant to seek all or any other reliefs not claimed against the defendants under Order II Rule 2)
1. The plaint be registered as a suit.
2. This suit has been filed by the plaintiff for partition, permanent and CS(OS) 436/2021 Page 1 of 3 Signature Not Verified Signed By:MANJEET KAUR Signing Date:14.09.2021 23:11:28 mandatory injunction. The plaintiff seeks 1/3rd share in property No. D- 295, 1st floor, Sarvodaya Enclave, Delhi - 110017. The Prayer also includes the relief of mandatory injunction directing the defendants to deliver up and handover to the plaintiff all the jewellery articles and other movable properties left behind by the late mother of the plaintiff and the relief of permanent injunction restraining the defendants from excluding/ousting the plaintiff from the suit property or creating third party rights in the suit property etc.
3. Issue summons in the suit and notice in the applications to the defendants by all permissible modes, returnable before the Joint Registrar.
4. The summons shall indicate that the written statements to the suit and replies to the applications be filed by the defendants within thirty days from the date of receipt of the summons. The defendants shall also file the affidavit of admission/denial of the document filed by the plaintiff, failing which the written statements shall not be taken on record.
5. The plaintiff is at liberty to file replication(s) to the written statements and rejoinder to the replies filed by the defendants before the next date of hearing following the filing of the written statement/reply. The replication shall be accompanied by the affidavit of admission/denial in respect of the documents filed by the defendants, failing which the replication shall not be taken on record.
6. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the time lines.
CS(OS) 436/2021 Page 2 of 3 Signature Not Verified Signed By:MANJEET KAUR Signing Date:14.09.2021 23:11:287. Till the next date of hearing, the parties shall maintain status quo in respect of the title and possession of the property No. D-295, 1st floor, Sarvodaya Enclave, Delhi - 110017.
8. Provisions of Order XXXIX Rule 3 CPC be complied with.
9. List before the Joint Registrar on 9th November, 2021 for completion of service and pleadings.
10. The order be uploaded on the website forthwith.
ASHA MENON, J SEPTEMBER 14, 2021 pkb CS(OS) 436/2021 Page 3 of 3 Signature Not Verified Signed By:MANJEET KAUR Signing Date:14.09.2021 23:11:28