Delhi High Court - Orders
Poonam Mittal And Anr vs Aditya Mittal And Anr on 15 February, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 493/2021
POONAM MITTAL AND ANR ..... Plaintiffs
Through: Mr. A.K. Singhla, Sr. Advocate with
Mr. Anurag Jain, Advocate
versus
ADITYA MITTAL AND ANR ..... Defendants
Through: Mr. R.K. Singh, Advocate for D-1
alongwith D-1 in-person
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 15.02.2023 I.A. 13441/2021 (u/O- XXXIX R-1 & 2 of CPC)
1. The instant application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 has been filed on behalf of plaintiffs seeking the following reliefs:-
"a. Pass an ad-interim ex parte injunction restraining the Defendants, its servants, agents, employees, representatives, heirs, etc. and / or others from interfering/hindering the peaceful possession/enjoyment of the suit property situated at I- 39, Phase-1, Ashok Vihar, New Delhi-110052 and/or the Plaintiff's rights/title and maintain status quo..."
2. Learned counsel appearing on behalf of plaintiffs submitted that the plaintiffs are in possession of the suit property bearing no. I-39, Phase-1, Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:17.02.2023 11:18:30 Ashok Vihar, New Delhi-110052. It is submitted that the defendants are attempting to disposses the plaintiffs from the suit property by carrying out threats. It is further submitted that if the defendants are not immediately restrained from dispossessing the plaintiffs, or create any third party interest in the suit property, the plaintiffs shall suffer irreparable loss.
3. Heard.
4. Issue notice.
5. Notice is accepted by Mr. R.K. Singh, learned counsel for defendant no. 1. He prays for and is granted two weeks' time to file reply/objection. Rejoinder, thereto, if any, be filed within two weeks thereafter.
6. A prima facie case is made out on behalf of the plaintiffs. Consequently, till the next date of hearing, status quo with regard to title and possession shall be maintained in respect of the suit property.
7. It is further directed that the defendants shall not interfere with the use, occupation and possession of the plaintiff in the suit property. Compliance of Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 (CPC) be done within five days.
8. List on 8th August, 2023.
CS(OS) 493/2021 & I.A. 7767/2022 (u/O-VIII R-3 of CPC) List on 8th August, 2023.
CHANDRA DHARI SINGH, J FEBRUARY 15, 2023 Dy/ug Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:17.02.2023 11:18:30