Delhi High Court - Orders
Surinder Singh Rekhi vs Dr. T.S. Rekhi & Ors on 22 August, 2025
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 179/2014, I.A. 24061/2023, and I.A. 12372/2025
SURINDER SINGH REKHI .....Plaintiff
Through: Mr.Anil Sharma and Ms.Kusum,
Advocates.
versus
DR. T.S. REKHI & ORS .....Defendants
Through: Ms.Babita Seth and Mr. Sanju,
Advocates for D-2(a), 2(b).
Mr.Keshri Kumar and Mr.Jitender Kr.
Panchal, Advocates for D-2(c).
Mr.Bharat Garg and Ms.Surabhi
Pandey, Advocates for D-3(a).
Mr.Jai Sahai Endlaw and Ms.Shruti
Kapur, Advocates for D-8(c) and 8(e).
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 22.08.2025 I.A. 7580/2025 (by D-3(a) for directions)
1. The applicant in the instant application prays for the following reliefs:-
"a) Permit and grant leave to the Defendant NoJ (a) to execute registered document(s) transferring her rights, title and interests in 211 Jor Bagh, New Delhi in favour of Defendant Nos. 8(c), Mr. Sonny Sarna, who may be bound by the outcome of the present suit.
b) Pass any other or further Order(s) as this Han 'ble Court may deem fit and proper in the facts and circumstances of the present case."
2. The Court vide orders dated 25.10.2024, 1702.2025 and 24.03.2025 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/08/2025 at 23:42:29 has considered similar applications and has passed certain directions. The order dated 24.03.2025 deals with similar application, which is extracted as under:-
"I.A. 30049/2024 ISEEKING DIRECTIONS RY DEFENDANT NO.7)
1. Having heard learned counsel appearing for the applicant in the instant application, the Court finds that the submissions made by the learned counsel appearing for defendant nos. 2a and 2b need to be duly considered.
2. The learned counsel for defendant nos. 2a and 2b contend that this order shall not be construed as a determination of the rights of the parties to the extent stated in the application.
3. The Court re-emphasizes that allowing the instant application shall not be construed as a final determination of the rights of any party, whether to the extent stated in the application or otherwise. The same shall remain strictly subject to final adjudication of the civil suit.
4. The Court also takes note of the fact that on 17.02.2025, while allowing the application filed by one of the parties, the following observations were made in paragraph no. 8 of the said order:-
"8. The aforesaid request stands allowed, subject to the rights and contentions of defendant Nos. 2(a), 2(b), and 2(c) being expressly reserved, with the clarification that the aforesaid transfer shall ultimately remain subject to the final adjudication of the present proceedings. Furthermore, defendant No. 8(c) is restrained from creating any third-party rights over the properties in question. In any case, as the transfer is inter se between the defendants, the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882, shall remain applicable."
5. Taking into consideration the overall facts and circumstances, the Court finds it just and proper to allow the instant application in terms of the prayer made therein. However, it is further directed that the aforesaid transfer shall ultimately remain subject to the final adjudication of the further proceedings. Furthermore, defendant no.8c is restrained from creating any third-party right in the property in question.
6. In any case, as the transfer is inter se between the defendants, the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882 shall remain applicable.
7. With the aforesaid application, the instant application stands disposed of."
3. In view of the aforesaid circumstances, the instant application stands This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/08/2025 at 23:42:29 allowed. The defendant no.8(c) is hereby restrained from creating any third- party right in the property in question.
4. In any case, as the transfer is inter se between the defendants, the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882 shall remain applicable.
5. In view of the aforesaid, the instant application stands disposed of. I.A. 12372/2025 (UNDER ORDER VIII RULE 1A(3) READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 ON BEHALF OF DEFENDANT NO. 8(C) TO BRING ON RECORD ADDITIONAL DOCUMENTS)
1. Reply on behalf of defendant no.2(a), (b) and (c) be placed on record before the next date of hearing.
2. List this application for consideration on 17.11.2025.
PURUSHAINDRA KUMAR KAURAV, J AUGUST 22, 2025 Nc/sph This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/08/2025 at 23:42:29