Delhi High Court - Orders
Kanchan Thareja (Through Her Gpa Sh. ... vs Ashish Thareja & Anr on 4 December, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 800/2023
KANCHAN THAREJA (THROUGH HER GPA SH. PURAN
CHAND) ..... Plaintiff
Through: Mr. Udit Gupta and Mr. Manan
Aggarwal, Advs.
versus
ASHISH THAREJA & ANR. ..... Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 04.12.2023 IA No.24087/2023 (Exemption from filing original/certified copies/fair typed copies of documents)
1. The application is allowed with a direction to the plaintiff to file the original documents and certified copies thereof relied upon as and when directed.
IA No.24088/2023 (delay)
2. For the reasons stated in the application, the same is allowed and delay of 14 days in re-filing the suit stands condoned.
3. The application stands disposed of.
CS(OS) 800/2023
4. Let the plaint be registered as a suit.
5. Issue summons in the suit.
6. Upon the plaintiff taking steps, let summons be sent to the defendants by all permissible modes. Let the summons indicate that the defendants are This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2023 at 01:04:25 required to file written statement to the plaint within 30 days from the date of receipt of summons, alongwith affidavit of admission/denial of the documents filed by the plaintiff. The plaintiff may file replication to the written statement within 30 days thereafter, alongwith affidavit of admission/denial of the documents filed by defendants.
7. List before the Joint Registrar (Judicial) for completion of pleadings, for admission/denial of documents and marking of exhibits on 15.01.2024.
8. List before court on 18.03.2024.
IA No.24086/2023 (Stay)
9. Issue notice to the defendants, on necessary steps being taken by the plaintiff, through all permissible modes, including electronically. Dasti in addition.
10. Let the notice indicate that reply be filed within a period of three weeks from service of notice. Rejoinder thereto, if any, be filed within two weeks thereafter.
11. The present suit has been filed on the averment that the plaintiff, a senior citizen, has been ousted by the defendants from the suit property i.e. First Floor along with terrace of Cottage No.7A, West Patel Nagar, New Delhi-110008 admeasuring 159.5 square yards, depicted in red color in the site plan filed along with the present suit. The plaintiff has prayed for decree of possession along with injunction.
12. It is averred in the plaint that the suit property was owned by late Sh. Sohan Lal. After his demise, the suit property has eventually devolved only upon the plaintiff herein as the plaintiff is the sole surviving legal representative of late Sh. Sohan Lal.
13. It is submitted that the defendants have no right whatsoever in respect This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2023 at 01:04:25 of the first floor and terrace of the suit property. Yet, the defendants are stated to have illegally encroached/occupied the first floor and terrace of the suit property.
14. The plaintiff apprehends that the defendants will create third party rights in order to irreversibly defeat the rights of the plaintiff in the suit property.
15. In the circumstances, till the next date of hearing, the defendants, their agents, attorneys, successor, legal heirs, representatives, assignees, transferees or anyone claiming through them, are restrained from selling, transferring, alienating and/or partying with possession of the suit property i.e. First Floor along with terrace of Cottage No.7A, West Patel Nagar, New Delhi-110008.
16. Let compliance with Order 39 Rule 3 CPC be done within a period of seven days.
17. List before the Joint Registrar (Judicial) on 15.01.2024.
18. List before court on 18.03.2024.
SACHIN DATTA, J DECEMBER 4, 2023/cl This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2023 at 01:04:25