Delhi High Court
Jai Bhagwan @ Billu vs Mange Ram & Ors. on 9 September, 2020
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 09.09.2020
+ CM(M) 447/2020
JAI BHAGWAN @ BILLU .... Petitioner
versus
MANGE RAM & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Swastik Singh, Advocate.
For the Respondent: Mr. S.R. Parashar, Advocate for respondent No.1.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL.22051/2020 (exemption)
Exemption is allowed subject to all just exceptions.
CM(M) 447/2020 & CM APPL.22050/2020 (exemption)
1. The hearing was conducted through video conferencing.
2. Petitioner impugns order dated 24.08.2020, whereby, the
application of the petitioner seeking a restraint on the respondents
from raising any construction was dismissed.
Digitally Signed By:KUNAL
MAGGU
Signing Date:09.09.2020 19:31:48
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
3. Subject property being property in Khasra No.316 situated in
village Jharoda Kalan was owned by Smt. Shanti Devi, the mother of
the petitioner as well as respondent No.1.
4. Respondent No.1 filed the subject suit for declaration, partition
and permanent injunction. In the said suit, the petitioner being the
defendant No.1 claimed title to the property based on an alleged
registered Will left behind by Smt. Shanti Devi in his favour.
5. Petitioner filed an application under Section 151 CPC, which
was treated as an application under Order 39 Rules 1 and 2 CPC
seeking a restraint on the respondent No.1 from raising any
construction on the subject property.
6. The Trial Court by the impugned order held that petitioner had
failed to establish that the petitioner was in possession of the subject
property and as such found no prima facie case in favour of the
petitioner.
7. Learned counsel appearing for the respondent No.1 submits that
the construction today is already complete. He further undertakes
that respondent No.1 shall not create any third party rights in the
subject property and/or transfer possession of the property or any part
thereof to any third party pending the suit.
8. In view of the above, this petition is disposed of with a
direction that any construction raised by respondent No. 1 on the
subject property would be subject to the final outcome of the Suit filed
Digitally Signed By:KUNAL
MAGGU
Signing Date:09.09.2020 19:31:48
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
by the respondent No.1 and no special equities shall be claimed by the
respondents with regard to the construction raised. Parties are also
restrained from creating any third party rights in the subject property
and respondent shall not transfer, alienate or part with possession of
the property or any part thereof till the pendency of the suit.
9. Petition is, accordingly, disposed of in the above terms.
10. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
SEPTEMBER 09, 2020 SANJEEV SACHDEVA, J
st
Digitally Signed By:KUNAL
MAGGU
Signing Date:09.09.2020 19:31:48
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
