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Cdr. Surendra Kumar Sawhney vs Virendra Kumar Sawhney & Ors on 2 June, 2022

Author: Amit Bansal

Bench: Amit Bansal

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      CS(OS) 343/2022

       CDR. SURENDRA KUMAR SAWHNEY            ..... Plaintiff
                    Through: Mrs. Mala Goel and Ms. Parvinder,
                             Advocates.
                    versus

       VIRENDRA KUMAR SAWHNEY & ORS.                    ..... Defendants
                   Through: None.

       CORAM:
       HON'BLE MR. JUSTICE AMIT BANSAL
                           ORDER

% 02.06.2022 I.A. 9224/2022 (for exemption)

1. Subject to the plaintiff filing the certified copies of the documents and clear and legible copies of any dim documents sought to be relied upon within four weeks from today, exemption is granted for the present.

2. The application is disposed of.

CS(OS) 343/2022

3. Let the plaint be registered as a suit.

4. Issue summons in the suit through all permissible modes. Summons to the defendant no. 8 may be issued through email as given in the memo of parties. The written statement(s) shall be filed within thirty days from the receipt of summons. Along with the written statements(s), the defendants shall also file an affidavit of admission/denial of the documents of the plaintiff.

CS(OS) 343/2022 Page 1Signing of 3Date:02.06.2022 17:54:06

5. Liberty is granted to the plaintiff to file replication to the written statement(s) within fifteen days from the receipt of the written statement(s). Along with the replication filed by the plaintiff, an affidavit of admission/denial of the documents of the defendants, be filed by the plaintiff.

6. List before the Joint Registrar on 5th September, 2022 for completion of service and pleadings.

7. List before the Court on 17th November, 2022. I.A. 9223/2022 (O-XXXIX R-1 & 2 of CPC)

8. The present suit has been filed on behalf of the plaintiff seeking a decree of declaration in respect of property bearing no. D-211, Saket, New Delhi and a decree of possession in respect of the ground floor of the aforesaid property as well as other ancillary reliefs.

9. It is the case of the plaintiff that the aforesaid property belonged to the parents of the parties. Both the plaintiff and the defendant no. 1 have propounded Wills of the parents which are subject matter of three probate petitions which are pending before this Court.

10. Plaintiff along with his family is in occupation of the first floor of the property and the defendant no. 1 along with his family i.e. the defendants no. 2 to 6 is in occupation of the ground floor.

11. Issue notice.

12. Notice be issued to the defendants through all permissible modes.

13. Reply be filed within three weeks.

14. Prima facie case is made out on behalf of the plaintiff. Status quo with regard to title and possession shall be maintained by the parties in respect of the entire property bearing no. D-211, Saket, New Delhi.

CS(OS) 343/2022 Page 2Signing of 3Date:02.06.2022 17:54:06

15. Compliance Report under Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 (CPC) be filed within five days.

16. List before the Court on 17th November, 2022.

                                                          AMIT BANSAL, J
JUNE 2, 2022
sr




                                                          Signature Not Verified
                                                          Digitally Signed By:AMIT
                                                          BANSAL

CS(OS) 343/2022                                    Page 3Signing
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