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Raj Kumar Madhian & Anr vs Sri Chand Madhian & Ors on 18 May, 2022

Author: Amit Bansal

Bench: Amit Bansal

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 281/2022

      RAJ KUMAR MADHIAN & ANR.               ..... Plaintiff
                  Through: Appearance not given.

                          versus

      SRI CHAND MADHIAN & ORS.                            ..... Defendants
                   Through: None.

      CORAM:
      HON'BLE MR. JUSTICE AMIT BANSAL
                   ORDER

% 18.05.2022 I.A. 7727/2022 (u/s 80 CPC)

1. For the reasons stated in the application, the same is allowed.

2. The plaintiff is exempted from serving the mandatory notice under Section 80 of the Civil Procedure Code, 1908 (CPC) to defendant no.7. I.A. 7728/2022 (for exemption)

3. Subject to the plaintiff filing the certified copies of the documents sought to be relied upon 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.

4. The application is disposed of.

CS(OS) 281/2022

5. Let the plaint be registered as a suit.

6. Issue summons in the suit through all permissible modes. The written statement(s) shall be filed within thirty days from the receipt of summons.

Signing Date:19.05.2022 12:01:11 Along with the written statement(s), the defendants shall also file an affidavit of admission/denial of the documents of the plaintiffs.

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

8. List before the Joint Registrar on 8th August, 2022 for completion of service and pleadings.

I.A. 7726/2022 (O-XXXIX R-1 & 2)

9. The present suit has been filed seeking partition and other ancillary reliefs in respect of property bearing No.A-6/4, Rana Pratap Bagh, Delhi-7 (suit property).

10. The suit property was owned by two brothers, Late Sh. Jetha Nand Madhian and Late Sh. Bhajan Lal Madhian. Both of them have expired intestate.

11. Plaintiffs and the defendants are the children of the aforesaid owners of the suit property and therefore, plaintiffs have interest in the suit property.

12. Issue notice to the defendants through all modes.

13. Reply(ies) be filed within four weeks.

14. Rejoinder(s), if any, within two weeks thereafter.

15. Plaintiffs have made a prima facie case in their favour. Consequently, till the next date of hearing, status quo with regard to title and possession shall be maintained in respect of the suit property.

16. List before the Joint Registrar on 8th August, 2022.

17. List before the Court on 17th October, 2022.

Signing Date:19.05.2022 12:01:11

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

AMIT BANSAL, J.

MAY 18, 2022 at Signature Not Verified Digitally Signed By:AMIT BANSAL Signing Date:19.05.2022 12:01:11