Delhi District Court
Shri Pradeep Kumar Jha vs . Union Of India on 13 March, 2015
IN THE COURT OF MS. RACHNA TIWARI LAKHANPAL,
SCJ/RC(WEST), TIS HAZARI COURTS, DELHI
S. No.-15/2015
Shri Pradeep Kumar Jha Vs. Union of India
Date of institution of the applications : 27.04.2012 & 12.03.2015
Date of reserving order : 12.03.2015
Date of pronouncement : 13.03.2015
ORDER
1. Vide this common order I shall decide the application u/o XXXIX Rule 4 CPC filed by the defendant Shri Praduman Kumar and application u/o XII Rule 6 CPC filed by the applicant Smt. Saroj Sharma.
2. In the application u/o XXXIX Rule 4 CPC, it is averred by the applicant that the plaintiff has obtained the stay order by misleading the court with respect to the property bearing no.A-9B, measuring 42 Sq. Yards out of khasra no.100, situated in area of Village Ibrahim Pur abadi known as DCM Colony, Ibrahim Pur Extension, Delhi-110036. Hence, the status quo order be vacated.
3. In reply, it is submitted that he is absolute owner of the property bearing no.A-10, DCM Colony, Ibrahim Pur Extension, PO Burari, PS Swaroop Nagar, Gali No.3, Area 144 Sq. Yards, Khasra No.100, Delhi-110084.
4. I have heard ld. counsels for the parties and perused the record.
5. I am of the view that status quo order with respect to the property bearing no. A-9B, measuring 42 Sq. Yards out of khasra no.100, situated in area of Village Ibrahim Pur abadi known as DCM Colony, Ibrahim Pur S. No.15/2015 Page..... 1/3 Extension, Delhi-110036 cannot be vacated at this stage as there are multiple litigations between the parties with regard to the title of the property and the contention of the applicant as to different property cannot be decided at this stage.
6. Perusal of the record reflects that status qua order was passed against the suit property bearing no.A-10-A, DCM Colony, Ibrahim Pur Extension, PO Burari, PS Swaroop Nagar, Gali No.3, Area 144 Sq. Yards, Khasra No. 100, Delhi-110084. Whether it will affect the property bearing no.A-9B, measuring 42 Sq. Yards out of khasra no.100, situated in area of Village Ibrahim Pur abadi known as DCM Colony, Ibrahim Pur Extension, Delhi-110036. or not, cannot decided at this stage. Hence, the application u/o XXXIX Rule 4 CPC is without any merits and the same is hereby dismissed.
7. As far as the other application u/o XXII Rule 6 CPC is concerned, it is submitted by the applicant Smt Saroj Sharma that she is bonafide purchaser and it was admitted by the plaintiff in the plaint and the defendant no.3 had sold out his build up house to Somwati and Somwati sold out the built up property to Saroj Sharma. The defendant no.3 was having true right, title and also in occupation and possession of the property. Hence, the admission with regard to the share of the defendant no.3 in clause 3 of the plaint is clear unambiguous and unequivocal. Therefore, the suit filed by the plaintiff be dismissed.
8. I have perused the record. Whole reading of the plaint nowhere shows S. No.15/2015 Page..... 2/3 unambiguous and unequivocal admission on behalf of the plaintiff. In fact, the plaintiff has claimed the ownership and declaration of the whole of the suit property ad-measuring 144 Sq. Yards including the portion possessed by the applicant Smt. Saroj Sharma and hence, the suit cannot be dismissed at this stage without adjudication and appreciation of the evidence. Therefore, the application u/o XII Rule 6 CPC is dismissed.
9. Further, perusal of the record reveals that no application u/o VI Rule 17 CPC was ever allowed. Initially, the plaintiff had filed the suit against UOI, Mukesh Kumar Tyagi and Dilip Kumar Jha. Thereafter, Praduman Chauhan and Saroj Sharma were impleaded but there is no amended memo of parties to this effect. The plaintiff is directed to file the correct amended memo of parties.
10. Put up on 21.04.2015.
Announced in the open court (RACHNA TIWARI LAKHANPAL)
on 13.03.2015 SCJ/RC(WEST) / DELHI
S. No.15/2015 Page..... 3/3