Delhi High Court - Orders
Bhushan Kumar Gupta & Ors vs Rajinder Kumar Gupta on 4 May, 2022
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 244/2022
BHUSHAN KUMAR GUPTA & ORS. ..... Plaintiffs
Through: Mr. Ankur Gupta, Advocate
versus
RAJINDER KUMAR GUPTA ..... Defendant
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 04.05.2022 I.A. 6804/2022 (Exemption) Allowed, subject to all just exceptions. CS(OS) 244/2022
1. Plaint be registered as a suit.
2. Issue summons to the defendant returnable before the Joint Registrar on 27.07.2022.
I.A. 6803/2022 (Order 39 Rules 1 & 2 CPC )
3. Plaintiff no. 1 to 3 and defendant are sons of late Shri Hem Chander Gupta. Plaintiff no. 4 is the wife of the son (daughter in law) of Shri Mange Ram Gupta who is the fifth son of late Shri Hem Chander Gupta. Shri Mange Ram Gupta has gifted his entire one-fifth share in the suit property in favour of plaintiff no. 4 by way of registered gift deed dated 10.12.2020.
Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU CS(OS) 244/2022 Signing Date:04.05.2022 1 Signing Date:05.05.2022 09:15:18 20:05 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
4. It is contended that Shri Hem Chander Gupta died intestate. Accordingly his five sons equally inherited the suit property i.e. 14/1, Shakti Nagar, Delhi in one-fifth share each.
5. Plaintiffs seek partition of the said property. Learned counsel for the plaintiff submits that there is a threat of defendant creating a third party rights in the suit property and changing the nature and character of the suit property.
6. I am satisfied that the plaintiffs have made out a prima facie case for grant of an ad-interim injunction and balance of convenience is in favour of the plaintiffs and in case an ex-parte ad-interim injunction is not granted, plaintiffs are likely to suffer irreparable loss and injury.
7. Accordingly, till the next date of hearing, defendant is restrained from creating any third-party rights in the suit property or changing the nature and character of the suit property.
8. List before Court on 29.08.2022.
9. Order dasti under signatures of the Court Master .
10. Order 39 Rule 3 CPC be complied with within two days.
SANJEEV SACHDEVA, J MAY 4, 2022 'rs' Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU CS(OS) 244/2022 Signing Date:04.05.2022 2 Signing Date:05.05.2022 09:15:18 20:05 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.