Delhi High Court - Orders
Om Parkash Yadav And Others vs Kanta Yadav & Others on 25 July, 2022
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~22 & 48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 3310/2012
OM PARKASH YADAV AND OTHERS ..... Plaintiffs
Through: Mr. V. Jayaraman, proxy counsel for
P-1.
Mr. Syed Hasan Isfahani, Advocate
for P-2 with Plaintiff No. 2 in person.
versus
KANTA YADAV & OTHERS ..... Defendants
Through: Mr. Pankaj Kumar, Advocate for D-1
& 2.
Mr. Rambhakt Agarwal, Advocate for
D-3.
Mr. Syed Hasan Isfahani, Advocate
for D-4.
48
+ CS(OS) 430/2012 & I.A. 6458/2017
KANTA YADAV ..... Plaintiff
Through: Mr. Pankaj Kumar, Advocate.
versus
OM PRAKASH YADAV & ORS ..... Defendants
Through: Mr. Pankaj Kumar, Advocate for D-1
& 2.
Mr. Rambhakt Agarwal, Advocate for
D-5.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 25.07.2022 Signature Not Verified Signed By:NIRMLA TIWARI Signing Date:28.07.2022 11:26:48 I.A. 11260/2022 (U/S 151 of CPC for directions) in CS(OS) 3310/2012
1. The present application has been filed under Section 151 of the Code of Civil Procedure, 1908 on behalf of the defendant No. 1 seeking the direction for plaintiffs to appear in the witness box prior to examination of other plaintiffs' witnesses.
2. Learned counsel on behalf of the plaintiff No. 2 submits that the plaintiff No. 2 shall not be appearing as a witness and though his affidavit has been filed on record, he may be dropped as a witness. It is submitted that the plaintiff No. 1 has already been tested in the witness box and his testimony has already been recorded.
3. The plaintiff No. 2, who is physically present in the Court, reaffirms that "he does not want to appear as a witness in his case in support of his claim."
4. In view of the statement made by the plaintiff No. 2, no further directions are required in the application.
5. The defendants are at liberty to avail their contentions and rights as provided under the law.
6. Accordingly, application is disposed of on the above terms. I.A. 13104/2021 (U/S 151 of CPC for directions) in CS(OS) 3310/2012
1. The present application has been filed under Section 151 of the Code of Civil Procedure, 1908 on behalf of the defendant No. 3 seeking directions to the plaintiffs to file the valuation of the properties and pay the applicable court fee thereon being the subject matter of the Will and Codicil being sought to be proven in the current lis by the plaintiffs herein.
2. The prayers made in the plaint show that the plaintiff is seeking declaration of ownership rights in various properties and is asserting to be in Signature Not Verified Signed By:NIRMLA TIWARI Signing Date:28.07.2022 11:26:48 possession of the suit properties and the issue in regard to the valuation of the suit has already been framed. The suit is pending since 2012 and is at the stage of plaintiffs' evidence.
3. There is no merit found in the application and the same is accordingly dismissed.
CS(OS) 3310/2012 & CS(OS) 430/2012
1. List these matters before the Joint Registrar for recording of evidence on 02nd September, 2022.
NEENA BANSAL KRISHNA, J JULY 25, 2022 S.Sharma Signature Not Verified Signed By:NIRMLA TIWARI Signing Date:28.07.2022 11:26:48