Delhi High Court - Orders
Steven Kansal vs Jasmine Kansal & Ors on 11 November, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 129/2020
STEVEN KANSAL ..... Plaintiff
Represented by: Mr. Sankalp Goswami, Advocate.
versus
JASMINE KANSAL & ORS. ..... Defendants
Represented by: Mr. Vidit Gupta, Advocate for
Defendant No. 2.
Mr. Sanjiv Bahl and Mr. Eklavya
Bahl, Advocates for defendant No. 3.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 11.11.2020 The hearing has been conducted through Video Conferencing.
I.A.10448/2020 (under Order VIII Rule 1 CPC-delay in filing written statement-by defendant No.3)
1. By this application, the defendant No. 3 seeks condondation of delay of 72 days in filing the written statement.
2. Notice.
3. Learned counsel for the plaintiff/ non-applicant accepts notice and states that he has no objection to condonation of delay in filing the written statement.
4. The written statement has been filed within 120 days and the explanation has been rendered for the delay of 72 days in filing the written statement.
Signature Not Verified Digitally Signed By:JUSTICECS(OS) 129/2020 PageGUPTA MUKTA 1 of 4 Signing Date:11.11.2020 18:09:07
5. Delay in filing the written statement is condoned. Application is disposed of.
6. Written statement of defendant No 3 be taken on record. I.A.10449/2020 (under Order VIII Rule 1 CPC-delay in filing written statement-by defendant No.3)
1. Learned counsel for the defendant No. 3 states that this application was filed by the wife of defendant No. 3 seeking her appointment as the guardian of defendant No. 3, as defendant No. 3 is suffering from paranoid schizophrenia.
2. However, the application listed before this Court is again under Order 8 Rule 1 CPC i.e. under the same caption as the IA 10448/2020.
3. The application is thus disposed of with liberty to defendant No. 3 to place the proper application on record.
I.A.9822/2020 (under Order XI Rule 14 CPC-by plaintiff)
1. By this application, the plaintiff seeks production of documents from defendant No. 2, in view of the stand taken by defendant No. 2 in the written statement.
2. Notice.
3. Learned counsel for the defendant No. 2 accepts notice.
4. Reply affidavit be filed within four weeks. Rejoinder affidavit be filed within three weeks thereafter.
I.A.9823/2020 (under Order XXXIX Rule 2A CPC)
1. By this application, the plaintiff seeks action under the Contempt of Courts Act against defendant No. 2 for violating the orders of this Court dated 26th May, 2020.
2. According to the learned counsel for the plaintiff, when the suit came Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 129/2020 PageGUPTA MUKTA 2 of 4 Signing Date:11.11.2020 18:09:07 up before this Court on 26th May, 2020, while issuing summons in the suit and notice in the application, this Court directed the parties to maintain status quo as to title and possession of the suit property till the next date of hearing. On the said date i.e. on 26th May, 2020, learned counsel for the defendant No. 2 entered appearance and the entire case of learned counsel for the defendant No. 2 was that the defendant No. 1 had already sold her portion of the property and handed over the possession, which fact is clearly noted in the said order. This Court also observed in Para 15 that despite the earlier proceedings between the parties in CS(OS) 187/2013, CS(OS) 1543/2013 and CS(OS) 3458/2014, since the land at Burari was jointly held and was agreed not to be sold, how could defendant No. 1 sell and part with the possession of the undivided portion to a 3rd party.
3. By this application, the plaintiff points out that in the written statement filed by defendant No. 2, it is now noted that in December, 2019, defendant No. 2 had also entered into transaction in respect of the suit property, which fact was not stated on 26th May, 2020 and thus, defendant No.2 has violated the orders of this Court.
4. Learned counsel for the defendants states that defendant No. 2 has documents to show that in December, 2019, the defendant No. 2 had received part consideration through cheque. Further, learned counsel for the defendant No. 2 states that on 26th May, 2020, this fact was also brought to the notice of the Court.
5. The order dated 26th May, 2020, nowhere records that defendant No.2 had also entered into a transaction in respect of the Burari land.
6. In view of the plea taken by defendant No. 2 in the written statement, issue notice. Learned counsel for the defendant No. 2 accepts notice.
Signature Not Verified Digitally Signed By:JUSTICECS(OS) 129/2020 PageGUPTA MUKTA 3 of 4 Signing Date:11.11.2020 18:09:07
7. Reply affidavit be filed within four weeks. Rejoinder affidavit be filed within three weeks thereafter.
8. List on 18th February, 2021.
CS(OS) 129/2020 I.A. 3940/2020 (under Order XXXIX Rule 1 and 2 CPC)
1. List the suit and application on 18th February, 2021.
2. Interim order to continue.
3. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
NOVEMBER 11, 2020 PB Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 129/2020 PageGUPTA MUKTA 4 of 4 Signing Date:11.11.2020 18:09:07