Civ DJ 1136/17 -1-

Ankit Kumar Vs.

Narender @ Kala

24.08.2023
Present: Sh. Jaideep Makkar, Ld. Counsel for the plaintif.
Sh. Deepak Joshi, proxy for Sh. Himanshu
Upadhaya, Ld. Counsel for LRs of deceased
defendant.

After LDOH, Ld. Counsel for plaintiff has moved an

application for seeking waiver of cost of Rs.5000/- imposed vide
order dated 15.03.2023 stating that when the counsel's diary for
the year 2023 was being prepared, the date of the present matter
was inadvertently noted as 28.03.2023, which is also the date
fixed in another matter of the plaintiff bearing no. Civ DJ
76/2020 and copy of the relevant page of the diary is annexed.
It is observed that on the second last date of hearing
i.e. 14.11.2022, also none had appeared on behalf of the plaintiff
and no plausible explanation has been given for that.
Considering the aforementioned submission and the
available facts, the cost is being reduced from Rs.5,000/- to
Rs.2,000/-. Cost be paid on NDOH.
Pleadings are complete.
The parties have not pressed for admission/ denial of
documents.
On the basis of pleadings of the parties, following
issues are framed:­

Contd..2..
Civ DJ 1136/17 -2-
Ankit Kumar Vs.
Narender @ Kala

1. Whether the plaintiff is entitled to a decree of possession

in respect of the suit property? OPP
2. Whether the plaintiff is entitled to a decree for a sum of
Rs.20,000/­, on account of mesne profits/ damages for
period prior to filing of the present suit, to pendente­lite
and future mesne profits/ damages @ Rs.5,000/­ per
month, from the date of filing of the suit till handing
over of vacant and physical possession of the suit
property to him and to pendente­lite and future interest,
@ 18% per annum on the amount of mesne profits/
damages, to which he may be found entitled and if so, for
what period?OPP
3. Whether the plaintiff is entitled to a decree of permanent
prohibitory injunction restraining defendant, his agent,
employees, successors, nominees, etc., from raising any
construction or creating any third party interest in the
suit property? OPP
4. Whether in view of the preliminary objection of para 2 of
WS, the suit is barred by principle of res judicata, as
contained u/s 11 CPC? OPD
5. Whether the suit is barred by period of limitation or right
of the plaintiff to the suit property has been extinguished
due to lapse of prescribed period of limitation? OPD

Contd..3.
Civ DJ 1136/17 -3-
Ankit Kumar Vs.
Narender @ Kala

6. Relief.
No other issue arises nor pressed for by the parties.
Plaintiff to supply advance copy of affidavit of
evidence to Ld. Counsel for defendants at least 15 days before
next date of hearing.
Parties to file their separate list of witnesses and
supply advance copy thereof to each other at least 15 days before
next date. If any of the parties to the suit failed to file the list of
witnesses by next date, it shall forfeit the opportunity to file the
same during trial.
Parties to file all the documents on which they seek
to rely in present suit by next date of hearing and supply advance
copy of same to opposite party. If any of the parties to the suit
failed to file the documents by next date, it shall forfeit the
opportunity to file the documents during trial.
Put up for PE on 14.12.2023.

(GOPAL SINGH CHAUHAN)

ADJ-03, WEST/DELHI
24.08.2023