Delhi High Court
Mrs. Veena Bhojwani And Anr. vs Mrs. Anju Jani on 24 January, 2022
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 24th January, 2022
+ FAO 210/2021 & CM. APPL. 30419/2021
MRS. VEENA BHOJWANI AND ANR. ..... Appellant
Versus
MRS. ANJU JANI ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Jatin Mongia and Mr. Akshit Mohan, Advocates.
For the Respondents: Mr. D.V. Khatri, Advocate.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J.
1. The hearing was conducted through video conferencing.
2. Appellants impugn order dated 23.02.2021 whereby the
application filed by respondent (plaintiff) under Order 39 Rule 1 & 2
has been allowed and the appellants have been directed not to
interfere with the peaceful possession of the respondent in the subject
property and also not to create any third party rights in the suit
property till the disposal of the suit.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:24.01.2022
Signing Date:24.01.2022 22:54:12 20:08
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
3. Learned counsel for the appellants submits that admittedly
respondent was not in possession of the subject property as is evident
from an application filed by the respondent before the Trial Court
dated 12.07.2019 wherein it is specifically mentioned that respondent
was evicted from the suit property pursuant to an order passed by the
District Magistrate under the Maintenance & Welfare of Parents and
Senior Citizens Act and possession was handed over on 04.07.2019.
4. Learned counsel for respondent concedes that respondent is not
in possession of the subject property.
5. Learned counsel for the appellants undertakes that appellants
shall maintain status quo with regard to the ground floor of the subject
property and shall not create any third party interest in the subject
property till the disposal of the suit.
6. The undertaking is accepted.
7. Learned counsel for the parties submits that since respondent is
not in possession of the subject property, the impugned order dated
23.02.2021 be modified to the limited extent that it directs appellants
not to interfere with the peaceful possession of the respondent in the
subject property.
8. Accordingly, this appeal is disposed of and impugned order
dated 23.02.2021 is modified to the limited extent that it restrains the
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:24.01.2022
Signing Date:24.01.2022 22:54:12 20:08
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
appellant from interfering in the peaceful possession of the
respondent.
9. However, keeping in view of the undertaking given by the
appellants, appellants shall not create any third party rights in the
subject property till the disposal of the suit.
10. It is further clarified that the factual observations and findings
returned by the trial court in the impugned order shall be treated as
prima facie findings and shall not be relied on at the time of final
disposal of the suit and shall have no bearing on the merit of the case
of either party.
11. The appeal is disposed of in the above terms.
12. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through e-mail by the Court
Master.
SANJEEV SACHDEVA, J
JANUARY 24, 2022
NA
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:24.01.2022
Signing Date:24.01.2022 22:54:12 20:08
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
