Delhi High Court - Orders
Mrs Pooja Wasal vs Sh Ramesh Grover & Ors on 15 September, 2023
Author: Rekha Palli
Bench: Rekha Palli
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 567/2023
MRS POOJA WASAL ..... Plaintiff
Through: Ms.Azra Rehman, Adv.
versus
SH RAMESH GROVER & ORS. ..... Defendant
Through:
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 15.09.2023
I.A. 17917/2023 -Ex.
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
CS(OS) 567/2023
3. Let the plaint be registered as a suit.
4. Upon the plaintiff taking steps, issue summons to the defendants through all permissible modes. The summons will indicate that the written statement is required to be filed within 30 days alongwith an affidavit of admission/denial of the plaintiff's documents. Replication thereto, if any, be filed within 30 days thereafter along with a similar affidavit of admission/denial of the defendants' documents. Inspection of the documents, wherever required, will be sought and given within the same timelines.
5. List before the learned Joint Registrar(Judicial) for completion of pleading on 29.11.2023.
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 18/09/2023 at 21:41:07
6. List before Court on 15.02.2024.
I.A. 17916/2023 -O-39, R-1&2.
7. This is an application filed by the plaintiff under Order XXXIX Rule 1 & 2 CPC seeking direction to the defendants to maintain status quo qua the title and possession of the suit property during the pendency of the present suit.
8. The plaintiff, who is one of the legal heirs of late Sh.Ram Lal Grover has filed the present suit seeking partition of properties left behind by Sh.Ram Lal Grover.
9. Having perused the documents filed with the plaint and taking into account that the plaintiff claims to have 1/5th share in the suit properties, I am of the view that the plaintiff has been able to make out a prima facie case in her favour for directing the defendants to maintain status quo qua the suit properties.
10.The balance of convenience is also in favour of the plaintiff. Grave and irreparable loss would be caused to the plaintiff, if the defendants more especially the defendant no.2, proceeds to create any third party rights qua the suit properties.
11.The parties are, accordingly, directed to maintain status quo qua the title and possession of the suit properties till the next date.
12.Provisions of Order XXXIX Rule 3 be complied within one week.
REKHA PALLI, J SEPTEMBER 15, 2023/sr 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 18/09/2023 at 21:41:07