Xxxix Rule 1 And 2 Read With Section 151 ... vs Smt. Sushma Mittal & Ors on 6 December, 2021

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Delhi High Court - Orders

Xxxix Rule 1 And 2 Read With Section 151 ... vs Smt. Sushma Mittal & Ors on 6 December, 2021

Bench: Asha Menon

                          $~3
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      CS(OS) 610/2021 & I.As. 15316/2021 (by the plaintiffs under Order
                                 XXXIX Rule 1 and 2 read with Section 151 CPC for seeking ad
                                 interim ex-parte injunction), 15317/2021 (by the plaintiffs under
                                 Section 53-b of PDA Act 1957 praying inter alia for exemption
                                 of notice of the institution of the instant suit), 15318/2021 (by the
                                 plaintiffs under Section 5 of Limitation Act read with Section 151
                                 CPC for condonation of delay in re-filing the present suit) &
                                 15319/2021 (Exemption)

                                 JATIN KOHLI & ANR.                                      ..... Plaintiffs
                                               Through:           Mr. H.S. Kohli, Advocate

                                                           Versus

                              SMT. SUSHMA MITTAL & ORS.                  ..... Defendants
                                            Through: Mr. Kunal Lakra and Mr. Ashim for
                                                       D-8/DDA
                          CORAM:
                          HON'BLE MS. JUSTICE ASHA MENON
                                                  ORDER

% 06.12.2021 I.A.15319/2021 (Exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

CS(OS) 610/2021 & I.As. 15316/2021 (by the plaintiffs under Order XXXIX Rule 1 and 2 read with Section 151 CPC for seeking ad interim ex-parte injunction), 15317/2021 (by the plaintiffs under Section 53-b of PDA Act 1957 praying inter alia for exemption of notice of the institution of the instant suit), 15318/2021 (by the plaintiffs under Section 5 of Limitation Act read with Section 151 CPC for condonation of delay in re-filing the present suit) CS(OS) 610/2021 Page 1 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:07.12.2021 15:03:12

3. The plaint be registered as a suit.

4. This suit has been filed for declaration, recovery of possession, permanent and mandatory injunction.

5. Issue summons in the suit and notice in the application to the defendants.

6. Mr. Kunal Lakra, Advocate accepts summons in the suit and notice in the application on behalf of the defendant No.8/DDA and seeks time to file the written statement. The written statement/replication be filed within thirty days with advance copy to the opposite side.

7. Summons and notices be issued to the remaining defendants by all permissible modes, returnable before the Joint Registrar.

8. The summons shall indicate that the written statement to the suit and replies to the applications 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 replications to the written statement and rejoinders to the replies filed by the defendants within thirty days following the 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 same shall be sought and given within the time-lines.

CS(OS) 610/2021 Page 2 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:07.12.2021 15:03:12

11. Mr. H.S Kohli, learned counsel for the plaintiffs submits that the present suit has been necessitated on account of the fact that the defendants No.5 & 6 while appearing before this court in CS (OS) 293/2018 misled the Court into believing that there were no civil proceedings pending qua the suit property bearing No.46, Ishwar Colony, Bhama Shah Marg, Delhi, whereas at that point of time, the defendant No.5/Gulshan Kumar was already a party to the civil suit No.495/2019 filed by the plaintiff and which is pending before the District Court, Rohini in which the present defendant No.6/Bhawna Gupta had also moved an application under Order 1 Rule 10 CPC for impleadment.

12. List before Joint Registrar on 18th February, 2022 for completion of service and pleadings.

13. In view of the submissions made, till the next date of hearing, the parties shall maintain status quo in respect of possession and title of suit property, i.e., property bearing No.46, Ishwar Colony, Bhama Shah Marg, Delhi.

14. Provisions of Order XXXIX Rule 3 CPC be complied with.

15. The order be uploaded on the website forthwith.

ASHA MENON, J.

DECEMBER 6, 2021 ak CS(OS) 610/2021 Page 3 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:07.12.2021 15:03:12

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Delhi High Court - Orders