Delhi High Court
Manvir Singh And Ors vs Ranvir Singh And Ors on 13 November, 2025
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 13.11.2025
+ FAO 248/2023, CM APPLs. 50489/2023 & CM APPL. 50491/2023
MANVIR SINGH AND ORS .....Appellants
Through: None.
versus
RANVIR SINGH AND ORS .....Respondents
Through: Mr. Rajeev Kumar, Ms. Nimmi Sinha
and Ms. Priya Singh, Advocates for
R-1.
Mr. Inderjeet Singh, Ms. Shikha and
Mr. Rahul, Advocates for R-14 &
R-15.
CORAM:
HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA
JUDGMENT (ORAL)
CHANDRASEKHARAN SUDHA, J.
1. The present appeal has been filed by the appellant/defendant
under section 104 read with Order XLIII Rule 1(r) read with
Section 151 of the Code of Civil Procedure, 1908 (the CPC)
seeking to set aside the impugned order dated 20.07.2023 in Civil
Suit No. 1075/2022 passed by the learned Additional District
Signed By:RAJ BALA FAO 248/2023 Page 1
Judge-04, North-West, Rohini Courts, Delhi, whereby the trial
court allowed the application of the respondents/plaintiffs under
Order XXXIX Rule 1 & 2 CPC.
2. The brief facts leading to the impugned judgment are that the
appellant/defendants and the respondent/plaintiff are the legal heirs
of late Sh. Daulat Singh. The respondent/plaintiff had filed the suit
seeking partition of Plot no. 11, Pocket 15A, Sector 24, Rohini,
New Delhi measuring about 330sq. yards and the said plot was
allotted to Sh. Daulat Singh by DDA under the Land Acquisition
Development and Disposal of Land, 1961 in year 1993 through an
allotment letter dated 18.01.1993 whereas the possession of the
said plot was handed over to him through letter dated 18.01.1996
and the perpetual lease deed was executed in his favor on
22.05.1996.
2.1 Sh. Daulat Singh expired on 18.12.1997. After his demise,
his family members were jointly enjoying the property and the
same remained undivided. On 20.03.2022, when the
Signed By:RAJ BALA FAO 248/2023 Page 2
respondent/plaintiff visited the property, the appellant/defendant
did not permit him to enter the said property and claimed sole
ownership in the property. The appellant/defendant contended that
the respondent/plaintiff had no right in the property and that he had
not come to the Court with clean hands. He had concealed the
factum of executing a will by Daulat Singh in favor of the
appellant/defendant. There is also a family settlement. Thus, it was
contended that the respondent/plaintiff had no right in the property.
2.2 The respondent/plaintiff filed an application under Order
XXXIX Rule 1 and 2 of the CPC seeking ad-interim injunction,
which was allowed by the trial court vide order dated 20.07.2023
and the appellant/defendant no.1 was directed not to create any
third-party interest in the property bearing Plot No. 11, Pocket 15-
A, Sector 24, Rohini, New Delhi, till the disposal of the civil suit
filed by respondent/plaintiff.
3. Today, when the matter is taken up, there is no representation
for the appellant/defendant. On the last posting day i.e., on
Signed By:RAJ BALA FAO 248/2023 Page 3
07.11.2025 also there was no representation. In the interest of
justice no adverse orders were passed on the said date and the
matter was adjourned to this day. However, today also there is no
representation on behalf of the appellant//defendant. The impugned
order has only restrained the appellant/defendant no.1 from
creating any third-party interest in the property.
4. It is submitted by the learned counsel for the
respondent/plaintiff that the trial in the case has already started and
the matter stands posted for the evidence of the
respondents/defendants. Till the suit is finally disposed of, the
subject matter of the lis needs to be preserved and that is exactly
what the trial court has done by passing the impugned order dated
20.07.2023.
5. This court does not find any infirmity, irregularity or
illegality in the order passed by the trial court, calling for an
interference by this court. Hence, the appeal is dismissed with
costs.
Signed By:RAJ BALA FAO 248/2023 Page 4
6. Pending application(s), if any, shall stand closed.
CHANDRASEKHARAN SUDHA
(JUDGE)
NOVEMBER 13, 2025
rs/is
Signed By:RAJ BALA FAO 248/2023 Page 5
