Delhi High Court - Orders
Xxxix Rules 1 And 2 Read With Section 151 ... vs Shri Dhiraj Arora And Ors on 3 September, 2021
Author: Asha Menon
Bench: Asha Menon
$~Suppl.-14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 412/2021, I.A.s. 11094/2021 (by the plaintiffs under Order
XXXIX Rules 1 and 2 read with Section 151 CPC for grant of ex-
parte ad-interim injunction) & 11095/2021 (Exemption)
REKHA ARORA AND ORS .....Plaintiffs
Through: Counsel (Appearance not given)
versus
SHRI DHIRAJ ARORA AND ORS. ..... Defendants
Through: None
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 03.09.2021 I.A. 11095/2021 (Exemption)
1. Allowed, subject to just exceptions.
2. Application is disposed of.
CS(OS) 412/2021, I.A. 11094/2021 (by the plaintiffs under Order XXXIX Rules 1 and 2 read with Section 151 CPC for grant of ex- parte ad-interim injunction)
1. The plaint be registered as a suit.
2. This suit has been filed by the plaintiffs seeking declaration, specific performance, partition, rendition of accounts, permanent and mandatory injunction. The plaintiffs are the sister-in-law and the nephews of the defendant No.1 and defendant No.5 and the cousins of the Signature Not Verified Signed By:MANJEET KAUR CS(OS) 412/2021 Page 1 of 3 Signing Date:03.09.2021 23:13:19 remaining defendants. Learned counsel for the plaintiffs submits that there is an oral partition that had occurred way back in 2002, whereby the Fashion House business, being run from Shop No.67 & 68, Shankar Market, Connaught Place, New Delhi as well as D-108, Third Floor and Terrace, Panchsheel Enclave, New Delhi were given to Dr. Sanjay Arora, who is the husband of the plaintiff No.1 and father of the plaintiffs No.2 and 3. Dr. Sanjay Arora expired on 19th February, 2008, but the plaintiffs continued to reside at D-108, Third Floor and Terrace, Panchsheel Enclave, New Delhi. The plaintiffs have also continued the business of Fashion House from Shop No.67 and 68, Shankar Market, Connaught Place, New Delhi.
3. It is the case of the plaintiffs that after the demise of Shri Yash Pal Arora, the father-in-law of plaintiff No.1 and grandfather of the plaintiffs No.2 & 3, on 4th May, 2021, the defendants No.1 and 2 had set up two Wills dated 7th January, 2020 and 19th October, 2020 on the basis of which they had sent a legal notice dated 3rd August, 2021 to the plaintiffs to vacate the premises bearing No.D-108, Third Floor and Terrace, Panchsheel Enclave, New Delhi or to start paying a monthly rent of Rs.1,75,000/-. They have also been asked to vacate the property No.67, Shankar Market, Connaught Place, New Delhi. In these circumstances, learned counsel prays for some interim protection against the possible ouster.
4. Issue summons in the suit and notices in the application to the defendants by all permissible modes, returnable before the Joint Registrar.
5. The summons shall indicate that the written statements to the suit Signature Not Verified Signed By:MANJEET KAUR CS(OS) 412/2021 Page 2 of 3 Signing Date:03.09.2021 23:13:19 and replies to the applications be filed by the defendants within thirty days from the date of receipt of the summons. The defendants shall also file the affidavit of admission/denial of the documents filed by the plaintiffs, failing which the written statements shall not be taken on record.
6. The plaintiffs are at liberty to file replications to the written statements and rejoinders to the replies filed by the defendants before the next date of hearing following the filing of the written statements/replies. The replications shall be accompanied by the affidavit of admission/denial in respect of the documents filed by the defendants, failing which the replications shall not be taken on record.
7. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the time lines.
8. Till the next date of hearing, the parties shall maintain status quo in respect of possession and title of the suit properties and the defendants shall not interfere with the ingress and egress of the plaintiffs from the property bearing No.D-108, Third Floor and Terrace, Panchsheel Enclave, New Delhi or Shop No.67, Shankar Market, Connaught Place, New Delhi.
9. Provisions of Order XXXIX Rule 3 CPC be complied with.
10. List on 18th October, 2021 before Joint Registrar for completion of service and pleadings in the suit as well as the application.
11. The order be uploaded on the website forthwith.
ASHA MENON, J SEPTEMBER 03, 2021/ak Signature Not Verified Signed By:MANJEET KAUR CS(OS) 412/2021 Page 3 of 3 Signing Date:03.09.2021 23:13:19