Lt Col Dr Yasmin Yusufzai Retd vs Mr Awes Rajput & Ors on 29 April, 2022

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Delhi High Court - Orders

Lt Col Dr Yasmin Yusufzai Retd vs Mr Awes Rajput & Ors on 29 April, 2022

Bench: Anup Jairam Bhambhani

                          $~38

                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      CS(OS) 1/2022
                                 LT COL DR YASMIN YUSUFZAI RETD            ..... Plaintiff
                                               Through: Mr. Prateek Dhanda, Advocate.
                                               versus
                                 MR AWES RAJPUT & ORS.                     ..... Defendants
                                               Through: Ms. Geetanjali Setia, Advocate for
                                                        D-2.
                                                        Mr. Kuljeet Rawal, Advocate with
                                                        Mr. Jagjeet Singh, Mr. Vikram & Mr.
                                                        Aditya Joshi, Advocates for D-3 & D-
                                                        4.
                                                        Mr. Anupam Srivastava, ASC
                                                        (GNCTD) with Mr. Dhairya Gupta,
                                                        Advocates for D-5.

                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                              ORDER

% 29.04.2022 I.A. 3/2022 (under Order XXXIX Rule 1 & 2 CPC for status quo ante) Learned counsel appearing for the plaintiff/applicant seeks time to file rejoinder.

2. Let rejoinder be filed within 04 (four) weeks, with copy to the opposing counsel.

3. Application stands disposed of.

I.A.5461/2022 (for condonation of delay in filing written statement)

4. Defendants Nos. 3 and 4 seek condonation of 23/24 days delay in filing the written statement, beyond the permissible 30 days time.

5. Issue notice.

Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:02.05.2022 CS(OS) 1/2022 Page 1 of 3 11:47:27

6. Mr. Prateek Dhanda, learned counsel is present on behalf of the plaintiff and accepts notice. Opposing the application, learned counsel for the plaintiff, wishes to file a reply to this application.

7. Let reply be filed within 04 (four) weeks; rejoinder thereto, if any, be filed within 03 (three) weeks thereafter, with copies to the opposing counsel.

8. Defendant No. 5, Sub-Registrar of Assurances, does not wish to file written statement since he is a pro-forma party.

9. Defendant No. 1 remains unserved. Counsel appearing for the plaintiff submits that he would move an appropriate application seeking substituted service on defendant No. 1. Let the needful be done before the next date of hearing.

10. Defendant No. 2 is stated to have filed the written statement. Let the written statement be brought on record.

I.A.2/2022

11. The plaintiff seeks to summon the complete registration records and video-recordings in relation to registration of sale deeds dated 09.07.2020 and 29.07.2020 from the office of the Sub-Registrar of Assurances, Sub-District V-A, Hauz Khas, Delhi in relation to property No. S-398, Ground Floor, Greater Kailash, New Delhi.

12. Mr. Anupam Srivastava, learned Additional Standing Counsel appearing for defendant No. 5/Sub-Registrar states that they do not wish to file any reply to this application; and will produce the relevant records.

13. Accordingly, it is directed that the relevant extracts/copies of the relevant portion of Book-I evidencing registration of sale deeds dated Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:02.05.2022 CS(OS) 1/2022 Page 2 of 3 11:47:27 09.07.2020 and 29.07.2020 in respect of property bearing No. S-398 Ground Floor, Greater Kailash, New Delhi along with a CD containing video-recordings of the registration process, be filed on record before the next date of hearing, with copies to learned counsel for the plaintiff.

14. It is further directed that the concerned Sub-Registrar shall produce the originals of the aforesaid, as and when directed by the court.

15. Learned counsel appearing for the plaintiff submits that it is necessary to call for the aforesaid records at this stage, since those would be required for considering I.A. No. 3/2022 whereby the plaintiff has sought restoration of status-quo ante.

16. The application stands disposed of in above terms. CS(OS) 1/2022

17. List before the Joint Registrar for completion of pleadings on 27th July 2022.

18. List before court for consideration of pending applications, being I.A. Nos. 3/2022 and 5461/2022, on 22nd September 2022.

19. Interim orders to continue, till the next date of hearing .

ANUP JAIRAM BHAMBHANI, J APRIL 29, 2022 ns Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:02.05.2022 CS(OS) 1/2022 Page 3 of 3 11:47:27

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Delhi High Court - Orders