Delhi High Court - Orders
Rules 1 & 2 Cpc Seeking To Restrain The ... vs Aditya Mittal And Anr on 12 October, 2021
Author: Asha Menon
Bench: Asha Menon
$~Suppl.-16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 493/2021, I.As.13441/2021 (by the plaintiff u/O XXXIX
Rules 1 & 2 CPC seeking to restrain the defendants from
interfering/hindering with the peaceful possession/enjoyment of the
suit property by the plaintiffs and title/rights in the suit property) &
13442/2021 (exemption)
POONAM MITTAL AND ANR ..... Plaintiffs
Through Mr. Deepak Biswas, Ms.
Subhalaxmi & Mr. Ekansh Mishra,
Advocates.
versus
ADITYA MITTAL AND ANR ..... Defendants
Through Mr. Rajeev Sharma, Advocate for
D-2.
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 12.10.2021
(HYBRID HEARING)
I.A. 13442/2021 (exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
CS(OS) 493/2021, I.A. 13441/2021 (by plaintiff u/O XXXIX Rules 1 & 2 CPC seeking to restrain the defendants from interfering/hindering Signature Not Verified Signed By:MANJEET KAUR CS(OS) 493/2021 Page 1 of 3 Signing Date:12.10.2021 22:30:36 with the peaceful possession/enjoyment of the suit property by the plaintiffs and title/rights in the suit property)
3. The plaint be registered as a suit.
4. This suit has been filed for issuance of permanent and prohibitory injunction in respect of property situated at I-39, Phase-I, Ashok Vihar, New Delhi-110052. The plaintiffs are the parents of defendant No.1 and parents-in-law of defendant No.2.
5. Issue summons in the suit and notice in the application to the defendants.
6. Mr. Rajeev Sharma, Advocate, accepts summons in the suit and notice in the application on behalf of the defendant No.2.
7. Summons and notice be issued to the defendant No.1 by all permissible modes, returnable before the Joint Registrar.
8. The summons shall indicate that the written statement to the suit and reply affidavit to the application must be filed by the defendants within thirty days from the date of receipt of the summons. The defendants shall also file affidavit of admission/denial of the documents filed by the plaintiffs, failing which the written statement shall not be taken on record.
9. The plaintiffs are at liberty to file replication to the written statement and rejoinder to the reply filed by the defendants before the next date of hearing after filing of the written statement/reply. The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by the defendants, failing which the replication shall not be taken on record.
10. If any of the parties wish to seek inspection of any documents, the Signature Not Verified Signed By:MANJEET KAUR CS(OS) 493/2021 Page 2 of 3 Signing Date:12.10.2021 22:30:36 same shall be sought and given within the time-lines.
11. List before the Joint Registrar on 6th December, 2021 for completion of service and pleadings.
12. Till the next date of hearing, it is expected that the parties will not be precipitating matters.
13. Since both counsel have evinced interest in encouraging the parties to amicably settle the disputes, the parties may appear before the Secretary, Delhi High Court Mediation and Conciliation Centre through video conferencing/physically on 8th November, 2021 at 2:00 PM for assignment of a Mediator.
14. The order be uploaded on the website forthwith.
ASHA MENON, J OCTOBER 12, 2021 ck Signature Not Verified Signed By:MANJEET KAUR CS(OS) 493/2021 Page 3 of 3 Signing Date:12.10.2021 22:30:36