ORDER

% 02.02.2024 I.A. 46/2024

1. This is an application seeking condonation of delay of 30 days in filing the replication to the written statement.

2. Learned counsel for the plaintiff on instructions seeks permission to the withdraw the present application.

3. In view of the submissions made above, the present application is dismissed as withdrawn.

I.A. 2520/2024

4. The present application has been moved under Order VII Rule 14 (3) read with Section 151 CPC on behalf of the plaintiff for taking on the record additional documents.

5. Learned counsel for the defendants has graciously stated that these documents may be taken on the record subject to all the contentions/defense to be taken up during the trial.

6. Let all the contentions be left open without the prejudice the rights of the defendant and subject to the admissibility, genuineness, and authenticity of the documents. The same are taken on the record.

7. Let the affidavit of admission/denial filed by the plaintiff, be taken on the record.

8. In view of the above, the application stands dispose of. I.A. 21900/2023

9. This is an application filed by the defendant under Order 39 Rule 2A read with Section 151 CPC read with Section 2(b) and Section 12 of Contempt of Courts Act.

10. Learned counsel for the defendant submits that he has received the reply being filed by the plaintiff only yesterday and seeks permission to the file the rejoinder.

11. Let rejoinder be filed within four weeks with copy to the learned counsel for the plaintiff.

12. List the matter before the Joint Registrar (Judicial) on 06.03.2024. I.A. 21901/2023

13. This is an application under Order XV-A read with Section 151 CPC seeking user and occupation charges from the plaintiff during the pendency of the suit.

14. The counter claim has been filed by the defendant seeking direction to be issued to plaintiff to pay an amount of Rs.80,000/- towards usage and occupation charges of each floor under the authorized occupation of the plaintiff during the pendency of the suit.

15. Learned counsel for the defendant submits that plaintiff has filed the reply only yesterday and seeks permission to the file the rejoinder.

16. Let rejoinder be filed within four weeks with copy to the learned counsel for the plaintiff.

17. List the matter before the Joint Registrar (Judicial) on 06.03.2024. CC 2/2024

18. The counter claim filed on behalf of defendants seeking following prayers;

a) Pass a decree of declaration that the Counter Claim Plaintiff No. 1 is the sole and exclusive Owner of the property bearing no.No. 32/40 West Patel Nagar, New Delhi-110008. b) Direct Counter Claim Defendant to vacate Ground Floor and Second Floor of the Suit Property illegally occupied by him andconsequently grant peaceful and vacant possession of the Suit Property bearing No. 32/40 West Patel Nagar, New Delhi- c) pass a decree of mesne profit for a sum of Rs. 80,000/- per month against the Counter Claim Defendant towards its unauthorised use and occupation of the aforesaid suit property w.e.f. 01.05.2023 onwards, i.e.pendente lite and future, till the date of handing over of the actual possession to the Plaintiff, along with interest @ 18% thereon, in the light of the detailed facts and circumstances narrated hereinabove.

d) Pass a decree of permanent injunction in favour of the Counter Claim Plaintiff No. 1 and against the Counter Claim Defendant restraining the Counter Claim Defendant, his servant, agents, employees or anybody claiming through them or on their behalf in any manner whatsoever, from alienating, encumbering or creating third party rights in the suit property or interfering in any manner with the title, possession, right and /or interest of the Counter Claim Defendant in the suit property and/or from parting with possession, part or whole, of the suit property and /or dispossessing of a part or whole of property or from making any amendments in the status and construction of property bearing No. 32/40 West Pa