Smt. Vandana Sehgal vs The State & Ors.
2009 Latest Caselaw 3548 Del

                    HIGH COURT OF DELHI: NEW DELHI

             I.A. No. 10468/2009 in TEST CAS No. 51/2006

                                   Date of Decision: September 03, 2009

       SMT. VANDANA SEHGAL                     ..... Petitioner
                     Through Mr. J.P. Sengh, Sr. Adv. with Mr.
                     Ashish Agarwal, Adv.

                               versus

       THE STATE & ORS.                     ..... Respondents
                      Through Mr. Jayant Bhushan, Sr. Adv. with Mr.
                      Simran Mehta, Adv. and Ms. Barnali Basak,
                      Adv. for R 2 & 3.
       CORAM:
       HON'BLE MR. JUSTICE S.L. BHAYANA

        1.     Whether reporters of local papers may be allowed
               to see the judgment?                          [YES]
        2.     To be referred to the Reporter or not?        [YES]
        3.     Whether the judgment should be reported in the digest or
               not?                                          [YES]

       S.L. BHAYANA, J.

This is an application moved by the petitioner under Section

151 CPC read with the provisions of Order 39 Rule 1 & 2 CPC with a

prayer to restrain the respondent nos. 2 and 3 from letting out and/or

parting with the possession of any portion of the property bearing No.

D-9/9, Vasant Vihar, New Delhi without the leave/permission of this

Court. Learned counsel for respondent nos. 2 and 3 does not intend

to file any reply to the application and wants to argue the matter.

2. Learned counsel for the petitioner has submitted that vide order

dated 09.10.2006 passed by this Court, the parties were directed to

maintain status quo in respect of suit property bearing No. D-9/9,

Vasant Vihar, New Delhi and despite the orders of status quo by this

Court, the respondent nos. 2 and 3 had let out a portion of the said

property to the third party and therefore they are bent on violating

the said order and are going ahead to let out the portion of the said

property to the third party. He further prays that the respondents be

restrained from letting out any portion of the property to any tenants.

3. On the other hand, learned counsel for the respondents has

submitted that when the order of status quo was passed by this

Court, i.e. 09.1.2006, on the said date the property was already let

out to the tenants and thereafter the property was vacated by the

tenants and the respondents bonafidely believed that there would be

no violation of status quo order if the said property was given on rent

again upon the same terms and conditions and under that bonafide

belief they again let out the property vide Lease Agreement dated

03.1.2007. He has further submitted that the mother of the

respondents who is living with them is to be looked after by them and

for that purpose, the property has to be let out to the tenants. It is

prayed on behalf of the respondents that they may be permitted to

let out a portion of the property in question to the tenants.

4. Arguments heard. Vide order dated 09.1.2006, this Court had

directed both the parties to maintain status quo with regard to

property bearing no. D-9/9, Vasant Vihar, New Delhi. It is also an

admitted fact that on the said date, the property had already been let

out to the tenants by the respondents but it was vacated thereafter

and the respondents again let out this property vide Lease Agreement

dated 03.1.2007 to the tenants and now those tenants have again

vacated the property.

5. In the interest of justice, it is directed that the defendants shall

not let out any portion of the suit property to any tenants without

leave or permission of this Court.

6. The application stands disposed of accordingly.

TEST CAS No. 51/2006

List before Joint Registrar for cross-examination of petitioner's

witnesses on 15.10.2009.

S.L. BHAYANA, J.

September 03, 2009 KA