Delhi High Court
Smt. Sarita Singh vs Sh. Pradeep Kumar & Ors. on 22 October, 2021
$~7
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 22.10.2021
+ FAO 152/2021 & CM APPL. 18235/2021
SMT. SARITA SINGH ..... Appellant
versus
SH. PRADEEP KUMAR & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Vineet Rana, Advocate (through VC).
For the Respondent: Mr. P.S.Rana, Advocate (through VC).
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Appellant impugns order dated 27.03.2021 whereby the application
of the appellant under Order 39 Rule 1 & 2 CPC has been dismissed.
2. Appellant had filed the subject suit for partition, possession and
permanent injunction inter alia for property bearing No.226 out of Khasra
No.532, VPO-Khera Khurd, New Delhi-110082 measuring 542 sq.yards.
3. Learned counsel submits that the subject property was owned by the
father of the appellant and the respondent and after his demise intestate, his
estate has devolved on all the legal heirs.
4. Learned counsel submits that there is already an interim order
restraining respondents from creating any third party right in the subject
Signature Not Verified
FAO 152/2021 Digitally Signed 1
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:22.10.2021
Signing Date:23.10.2021 09:21:22 20:49
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
property, however, recently respondent Nos. l & 2 have started raising
illegal unauthorised construction in the subject property.
5. Learned counsel submits that even the Municipal Corporation and
the Delhi Police have initiated action against the illegal unauthorised
construction being raised.
6. Learned counsel submits that the defense of the respondent in the
suit is that the respondents had got the mutation of the subject property
done in their name based on a relinquishment deed dated April, 2013
registered on 24.05.2013.
7. Learned counsel submits that the subject relinquishment deed is with
regard to an award with regard to acquisition of a different land and not the
subject suit property.
8. Learned counsel further submits that the Trial Court has erred in
dismissing the application by holding that respondents are in possession of
the suit property and carrying out improvements in the suit property and as
such they cannot be restrained. He submits that substantial addition,
alteration is being made in the property and floors are being raised over the
existing structure.
9. By order dated 03.06.2021 respondents were restrained from raising
any further construction in the subject property till the next date of hearing.
10. Learned counsel appearing for the respondents submits that the suit
filed by the appellant is not maintainable and respondents have filed an
appropriate Written Statement to the said suit. He, however, without
Signature Not Verified
FAO 152/2021 Digitally Signed 2
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:22.10.2021
Signing Date:23.10.2021 09:21:22 20:49
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
prejudice submits that during the pendency of the suit no construction
activity shall be carried out in the property.
11. Accordingly, parties pray that the interim order granted on
03.06.2021 be made absolute and the appeal be disposed of directing that
the said order shall continue during the pendency of the suit.
12. The statement is taken on record.
13. In view of the above, the appeal is disposed of by confirming the
interim order dated 03.06.2021 i.e. restraining the respondents from raising
any construction in the subject property during the pendency of the suit
filed by the appellant.
14. It is however, clarified that this order shall be without prejudice to
the rights and contentions of the parties and shall enure only during the
pendency of the suit and thereafter shall be subject to the final decision in
the suit.
SANJEEV SACHDEVA, J.
OCTOBER 22, 2021
rk
Signature Not Verified
FAO 152/2021 Digitally Signed 3
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:22.10.2021
Signing Date:23.10.2021 09:21:22 20:49
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
