Delhi High Court
Hem Singh vs Raj Kumar Saini And Anr on 16 September, 2021
$~53
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 16.09.2021
+ FAO 212/2021
HEM SINGH ..... Appellant
versus
RAJ KUMAR SAINI AND ANR .....Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Rajesh Sharda, Advocate (through VC).
For the Respondent: Ms. Neelam Sharma with Ms. Kanjani Sharma,
Advocates.
Ms. Yukti, Advocate (through VC)
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL.30481/2021
1. Appellant has filed over the email of the Court Master an
affidavit enlisting the details of repair work which the appellant
intends to carry out. The same is taken on record.
2. Learned counsel appearing for the respondent submits that there
is an apprehension that in the garb of alleged repair work, appellant
may carry out structural additions or alterations to the property or may
create third party rights.
Signature Not Verified
FAO 212/2021 Digitally Signed 1
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:16.09.2021
Signing Date:17.09.2021 07:51:42 21:57
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
3. Learned counsel for the appellant undertakes on behalf of the
appellant that appellant shall not carry out any structural additions or
alterations in the subject property or create any third party rights
during the pendency of the Suit before the Trial Court.
4. Learned counsel for the appellant submits that appellant shall
carry out the repair work at his own cost and without prejudice to the
rights and contentions of the parties and shall not claim any special
equities because of the same.
5. The undertaking is accepted.
6. In view of the above, appellant is permitted to carry out the
repair works as mentioned in his affidavit dated 15.09.2021.
7. The Court Commissioner appointed by the Trial Court i.e Ms.
Yukti, Advocate shall monitor the repair work and inspect the
property once after 15 days and thereafter on being intimated by the
appellant of completion of repair work which shall not be later than 45
days from today.
8. In case the Commissioner finds that the appellant is carrying
out work beyond the work which is being permitted by this order,
Commissioner shall duly inform the Trial Court and on so being
informed the Trial Court shall pass an order restraining the appellant
from raising any construction, after due notice to the appellant.
Signature Not Verified
FAO 212/2021 Digitally Signed 2
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:16.09.2021
Signing Date:17.09.2021 07:51:42 21:57
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
9. The additional fee of the Local Commissioner for the said
purpose is fixed at Rs.25,000/- to be paid by the appellant in two
instalments, half to be paid prior to commencement of the repair work
and the remaining half to be paid after the first inspection.
10. It is clarified that the permission granted to the appellant to
carry out repair work would be without prejudice to the rights and
contentions of the parties and no special equities shall flow to the
appellant therefrom.
FAO 212/2021 & CM APPL.30479/2021
11. Appellant impugns order dated 25.03.2021 whereby the Trial
Court has disposed of the application under order 39 Rule 1 & 2 filed
by the respondent without notice to the appellant.
12. Since notice had not been issued to the appellant, the
application under Order 39 Rule 1 & 2 shall not be treated as having
been disposed of but the order dated 25.03.2021 shall be treated as an
ad interim order and the application is restored to the file of the Trial
Court.
13. Appellant shall file his reply to the application within a period
of two weeks. Rejoinder to the reply be filed by the respondent on the
record of the Trial Court within two weeks thereafter.
14. Trial Court shall thereafter decide the application under Order
Signature Not Verified
FAO 212/2021 Digitally Signed 3
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:16.09.2021
Signing Date:17.09.2021 07:51:42 21:57
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
39 Rule 1 & 2 on merits without being influenced by anything stated
in this order.
15. The appeal is accordingly disposed of with the aforesaid
directions.
16. Interim as well as final reports be filed by the Commissioner
before the Trial Court.
SANJEEV SACHDEVA, J.
SEPTEMBER 16, 2021/rk
Signature Not Verified
FAO 212/2021 Digitally Signed 4
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:16.09.2021
Signing Date:17.09.2021 07:51:42 21:57
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
