Delhi High Court - Orders
Smt Neeru Mehra vs Smt Astha Ghai Walia & Anr on 14 July, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 311/2021
SMT NEERU MEHRA ..... Plaintiff
Through: Mr.Mohammad Ali, Advocate
versus
SMT ASTHA GHAI WALIA & ANR. ..... Defendants
Through:
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 14.07.2021 (Through video conferencing) IA No. 8261/2021 Exemption allowed, subject to just exceptions. CS(OS) 311/2021 and IA Nos. 8258/2021, 8259/2021 and 8260/2021 The present suit filed by the plaintiff makes the following prayers " (a) Decree of partition of the entire suit property being No. B-1/1, Community Centre, Janakpuri, New Delhi- 110058 by metes and bounds be passed between the plaintiff and defendant No.1 OR Decree of the partition of the entire suit property No. B-1/1, Community Centre, Janakpuri, New Delhi-110058 as per the Letter of Administration dated 22.07.2017 issued by the Ld. ADJ-02 (South-West), Tis Hazari Court, Delhi be passed in favour of the plaintiff and against defendant No.1.
(b) Direct the Defendant No.1, her husband, representatives and agents to handover to the plaintiff possession of her portion of first, second and half portion of the Third Floor and Roof Rights of the commercial property No.B-1/1, Community Centre, Janak Puri, New Delhi 110058 as per Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:15.07.2021 16:17:18 This file is digitally signed by PS to HMJ ANU MALHOTRA.
the decree/Letter of Administration 22.07.2017 issued by the Ld. ADJ-02 (South-West), Tis Hazari Court, Delhi
(c) Decree of mesne profit for use and occupation by the defendant No.1 of the first floor, second floor and half portions of third floor and roof rights belonging to the plaintiff of suit property No.B-1/1, Community Centre, Janak Puri, New Delhi 110058 at market rent from 14.03.2015 till realization and interest thereon @ 12% per annum pendent lite and till realization be passed in favour of the Plaintiff and against the Defendant No.1.
(d) Decree of agreed outstanding payment of rent of Rs.12,62, 231/- of the first and second floors of the suit property No. No.B-1/1, Community Centre, Janak Puri, New Delhi 110058 from 20.01.2015 till 31.12.2015 be passed in favour of the Plaintiff and against defendant No.2.
(e) Direct the SHO, Janakpuri Police Station, New Delhi to provide Police assistance to the Plaintiff and her husband, if the defendant No.1 prevents their ingress and regress in the commercial property.
(f) Any other order or direction as may be deemed fit and proper in the facts and circumstances of the case."
Submissions have been made on behalf of the plaintiff. Summons of settlement of the issues be issued to the defendants No.1 and 2 along with the notice of the IA No. 8258/2021, 8259/2021 and 8260/2021 on taking of steps by the plaintiff.
The written statements of the defendants be filed within a period of 30 days of the receipt of the summons of settlement of issues along with the affidavit of admission/denial. Replication, if any, on behalf of the plaintiff be filed within a period of 3 weeks thereafter.
Qua IA No. 8258/2021, an application under Order XXXIX Rule 1 & 2 of the CPC ,as an ad interim measure the defendant No.1 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:15.07.2021 16:17:18 This file is digitally signed by PS to HMJ ANU MALHOTRA.
herself and through her agents are restrained from alienating or creating any third party interest in the suit property bearing No. B-1/1, Community Centre, Janak Puri, New Delhi 110058, till the next date of hearing.
The compliance of order XXXIX Rule 3 of the CPC be made by the plaintiff.
Renotify for 24.8.2021.
ANU MALHOTRA, J JULY 14, 2021/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:15.07.2021 16:17:18 This file is digitally signed by PS to HMJ ANU MALHOTRA.