Delhi High Court
Dr Waryam Singh vs Dr Ankit Kumar & Ors on 17 July, 2020
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 17.07.2020
+ CM(M) 185/2020
DR WARYAM SINGH ..... Petitioner
versus
DR ANKIT KUMAR & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Ms. Geeta Luthra, Senior Advocate with Ms. Shivani
Luthra Lohiya Mr. Pranav Vashishtha, Advocates with Dr.
Rupinder Singh.
For the Respondents: Mr. Ashim Shridhar, Advocate.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM(M) 185/2020 & CM APPL.6111/2020 (stay)
1. The hearing was conducted through video conferencing.
2. Petitioner impugns orders dated 01.02.2020 and 10.02.2020,
whereby, directions were issued to the petitioner to provide a
second/duplicate key to the respondent No.1 of the gated area in the
front set back on the ground floor.
3. It is the case of the petitioner that the front set back on the
ground floor is in the exclusive ownership of the petitioner and no
access can be provided to the respondents for the same.
Digitally Signed By:KUNAL
MAGGU
Signing Date:17.07.2020 17:07:05
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
4. This is disputed by the learned counsel appearing for the
respondents, who contends that this is a common area.
5. Though there may be a dispute raised by the respondent with
regard to the gated area in the front set back on the ground floor, the
admitted position is that the petitioner has affixed a gate on the front
portion and the key is exclusively with the petitioner. It is also an
admitted position that the respondent No.1 has installed certain air
conditioners for the basement, the access to which is through the gated
area.
6. It is the case of the petitioner that though the air conditioners
were placed in the area prior to the injunction order but they were
made operational after the injunction order was granted. This is
disputed by the learned counsel appearing for the respondents.
7. Without getting into any controversy raised by the parties, it is
agreed that, for the moment, the gated portion shall remain under the
lock and key of the petitioner. However, petitioner shall provide
access to respondent No.1, if so demanded, for the purposes of
servicing/repair/replacement of the air conditioners subject to a 24
hour notice being given to the petitioner. However, access would be
provided in case of an emergency even without notice.
8. It is clarified that this arrangement is without prejudice to the
rights and contentions of the parties and is also subject to further
Digitally Signed By:KUNAL
MAGGU
Signing Date:17.07.2020 17:07:05
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
orders that may be passed by the Trial Court on any pending
application or any further application to be filed by the petitioner or
respondents and shall also be subject to the final outcome of the suit.
9. Trial Court is further at liberty to pass any appropriate order in
the facts and circumstances of the case without being influenced by
anything stated in this order.
10. Petition is, accordingly, disposed of in the above terms.
11. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email.
JULY 17, 2020 SANJEEV SACHDEVA, J
st
Digitally Signed By:KUNAL
MAGGU
Signing Date:17.07.2020 17:07:05
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
