Delhi High Court
Jasjeet Singh & Anr vs Kuldeep Singh Gujral (Huf) & Anr on 30 March, 2017
$~132
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 30th March, 2017
+ FAO 145/2017 & CM No.12398-12399/2017
JASJEET SINGH & ANR ..... Appellants
Through: Mr. Raman Kapoor, Sr. Adv.
with Mr. Ripu and Mr. Vijay,
Advs.
versus
KULDEEP SINGH GUJRAL (HUF) & ANR ..... Respondents
Through: Mr. Manoj Khanna, Adv. for
R1.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellants have challenged the order dated 04th March,
2017 whereby the learned Trial Court has given the following
directions:-
(i) The plaintiff is allowed access to the terrace on Saturdays
and Sundays between 10:00 am to 06:00 pm in case of
necessity for maintenance of water tank, dish antenna etc
on three hours advance notice as per convenience of both
the parties and a message can be send by the plaintiff to
the mobile of the defendants by SMS.
(ii) The defendants are directed to shift old Maruti car in the
passage so that it is not more than 6 inches away from the
peripheral wall and 6 feet away from the iron gate.
(iii) The plaintiff is allowed to have an additional multi way
switch for switching water motors on and off in case of
necessity and in case of maintenance or any other
purpose the valves to first floor are to be closed, the
plaintiff would be informed three hours in advance on his
mobile number.
(iv) The defendants shall provide access to the plaintiff on the
Saturdays and Sundays for electricity meter and PNG
cooking gas meter installed in the room in the back
courtyard and the back peripheral wall in case of
necessity.
2. Learned senior counsel for the appellants submits as under:-
(i) The appellants shall provide access to the respondents for
maintenance of water tank, dish antenna etc on Saturdays
between 10:00 am to 06:00 pm as directed by the Trial
Court but if the appellants are not at home or are out of
station, the respondents technicians can climb by a rope
or other method to the terrace after intimating appellants
on their mobile phone in case of emergency.
(ii) The appellants shall park the Maruti car as directed by the
learned Trial Court.
(iii) With respect to the direction of the Trial Court for
installation of additional multi way switch for switching
on and off the water motor, the appellants shall approach
the Trial Court in the event of any problem arising out of
the additional multi way switch.
(iv) The electricity meter and PNG cooking gas meter
installed in the room in the back courtyard and the back
peripheral wall, be shifted in the front passage.
3. Learned counsel for the respondents submits that respondents
are not agreeable to shift the electricity meter and PNG cooking gas
meter to the front passage.
4. This Court is of the view that without prejudice to the rights and
contentions and to avoid any inconvenience during the pendency of
the suit, it would be fair and reasonable for the respondents to shift the
electricity meter and PNG cooking gas meter to the front passage
during the pendency of the suit and in case, the respondents succeed
before the Trial Court and are granted the relief to that effect, the
respondents can restore the electricity meter and PNG cooking gas
meter as the present place.
5. This Court is of the view that the directions of the learned Trial
Court mentioned in para 1(i) to (iii) are fair and reasonable and does
not warrant any interference. With respect to direction mentioned in
para 1(iv), the stand of the respondents not to shift electricity meter
and PNG cooking gas meter in the front passage even without
prejudice to their rights and contentions is not fair and reasonable. In
that view of the matter, the direction of the Trial Court with respect to
the access to the plaintiff to electricity meter and PNG cooking gas
meter is set aside. However, appellants shall allow the Official Meter
Readers to take the reading of the electricity and PNG cooking gas
meters and the appellant shall not create any obstruction in the meter
reading or any mischief in the regular supply of the electricity and
PNG gas to the respondents. Liberty is given to the respondents to
still re-consider their stand and approach the Trial Court in case they
agree to shift the electricity meter and PNG cooking gas meter without
prejudice to their rights and contentions during the pendency of the
suit.
6. The appeal as well as pending applications is disposed of on the
above terms.
7. The observations recorded herein shall not be considered as a
final expression on the merits of the case which shall be considered by
the Trial Court after recording of the evidence.
8. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
MARCH 30, 2016 J.R. MIDHA, J.
ak
