Naveen Nishok Kumar And Ors vs Harish Kumar on 3 June, 2022

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Delhi High Court - Orders

Naveen Nishok Kumar And Ors vs Harish Kumar on 3 June, 2022

Bench: Neena Bansal Krishna

                          $~16
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +       CS(OS) 359/2022, I.A.9461/2022, I.A.9462/2022, I.A.9463/2022
                                  NAVEEN NISHOK KUMAR AND ORS.
                                                                                            ..... Plaintiff
                                                               Through:   Mr. Harsh Kumar, Mr.
                                                                          Himanshu Bidhuri and Ms.
                                                                          Sikha Gogoi, Advocates.
                                                      versus

                                  HARISH KUMAR
                                                                                            ..... Defendant
                                                      Through:

                                  CORAM:
                                  HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
                                                       ORDER

% 03.06.2022

1. This is a fresh suit for declaration, partition, permanent injunction and realization of rent filed by the plaintiff.

2. Summons of the suit along with notice of the applications be issued to the defendant on filing of process fee, to be served through ordinary process, speed post, courier, Email and Whatsapp, returnable on 2nd September, 2022.

I.A.9464/2022 (Extension of time to file deficient Court Fee)

1. An application under Section 149 CPC has been filed for extension of time to file deficiency of court fees.

2. Learned counsel for the plaintiff submits that he has filed appropriate court fee and seeks permission to withdraw this application.

3. Learned counsel for the plaintiff is permitted to withdraw this Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:06.06.2022 12:15:12 application.

4. The application is disposed of accordingly. I.A.9463/2022 (Exemption from filing certified copies of annexures and typed copy of dim annexures)

1. An application under Section 151 CPC has been filed seeking exemption from filing certified copies.

2. Learned counsel for the plaintiff submits that all the documents have been filed.

3. The application is accordingly disposed of.

I.A.9461/2022

1. An application under Order XXXIX Rules 1 and 2 CPC has been filed on behalf of the plaintiff.

2. It is submitted that the plaintiff and the defendant are in joint possession of the property bearing No.1/12, Chotti Sabzi Mandi, Janakpuri, Delhi. The defendant has filed a suit bearing No.1391/2021 in the Tis Hazari District Court, wherein the defendant has been given the protection of not being dispossessed without due process of law. The plaintiff is claimed to be in the joint possession with the defendant.

3. The defendant is restraint to dispossess the plaintiff from the property without due process of law till next date i.e 2nd September, 2022.

4. Provision of Order XXXIX Rule 3 CPC be made within 24 hours and the order be served upon the defendant.

NEENA BANSAL KRISHNA, J JUNE 3, 2022/va Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:06.06.2022 12:15:12

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Delhi High Court - Orders