Delhi High Court - Orders
Smt Sushma Vats & Ors vs Sh Dinesh on 14 March, 2024
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 174/2024
SMT SUSHMA VATS & ORS. ..... Plaintiffs
Through: Mr. Gurmit Singh Hans, Ms. Somya
Chugh and Mr. Nishu Budhiraja,
Advocates.
versus
SH DINESH ..... Defendant
Through:
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 14.03.2024 I.A. 5991/2024 By way of the present application filed under section 151 of the Code of Civil Procedure 1908 ('CPC'), the applicants/plaintiffs seek a direction to the defendant to stop construction on property bearing Khata No. 506/284, Khasra No.30//18(2-16), 23(3-07), 24(4-16), 39//7/2 (0-02), 3/1(4-09), 3/2(0-04), 4(4-16) and 7/1(1-18), situate in the revenue estate of Village : Bankner, Delhi ('subject property') as well as a direction to the Sub-Registrar of Assurances VI-B (Narela) not to register any title documents in respect thereof.
2. Mr. Gurmit Singh Hans, learned counsel appearing for the plaintiffs submits, that the defendant, who is the plaintiffs' brother, is undertaking 'plotting' on the subject property and proposes to construct units thereon and sell them to third parties.
3. Summons in the suit and notice on I.A. No.4760/2024 filed under Order XXXIX Rules 1 & 2 of the CPC were issued on 29.02.2024, This is a digitally signed order. CS(OS) 174/2024 Page 1 of 3 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 29/03/2024 at 22:10:03 returnable before the learned Joint Registrar on 15.05.2024, with a direction for completing pleadings in the suit and in the interim application in the meantime.
4. As is evident from the allegations in the suit, the subject property stands mutated in favour of the defendant sometime in 2006.
5. In the circumstances, this court is not inclined to issue notice on the present application since the prayers in this application substantially overlap the prayers already pending vide I.A. No.4760/2024.
6. However, Mr. Hans requests that in the meantime atleast the stage of construction on the subject property be documented, and a Local Commissioner be appointed for that purpose.
7. Accordingly, at the plaintiffs' request, Ms. Priti Verma, Advocate (Cellphone No.: +91 7838581994) is appointed as the learned Local Commissioner to visit the subject property and document the following :
7.1. Whether the subject property has been divided into plots; 7.2. Whether any construction exists on the subject property, and if so, the stage of such construction;
7.3. Any other aspect that the learned Local Commissioner may consider relevant in the context of the allegations contained in the plaint.
8. A copy of the plaint be made available to the learned Local Commissioner for the purposes of carrying-out the commission.
9. The Local Commissioner shall take photographs and/or videography as may be deemed necessary for the report.This is a digitally signed order. CS(OS) 174/2024 Page 2 of 3
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 29/03/2024 at 22:10:03
10. The Learned Local Commissioner shall carry-out the commission within 03 weeks from today; and render a report to this court within 10 days thereafter, with copy to learned counsel for the plaintiffs.
11. The commission shall be carried-out in the presence of the parties and their counsel, or such of them as may choose to remain present. All those present shall sign the on-spot proceedings. Parties are directed to co-operate with the learned Local Commissioner.
12. For purposes of carrying-out the commission, the learned Local Commissioner shall be entitled to a consolidated fee of Rs.33,000/- in addition to any out-of-pocket expenses that the learned Local Commissioner may incur, to be borne and paid-for by the plaintiffs upon completion of the inspection.
13. The learned Local Commissioner is permitted to seek assistance from the local police, if the need so arises. The SHO, P.S.: Narela is directed to assist in carrying-out the commission in such eventuality.
14. Let a copy of this order be communicated by the Registry to the defendant via e-mail and WhatsApp on the email-ID and number available on the record.
15. Let a copy of this order be also communicated by the Registry to the learned Local Commissioner.
16. Re-notify before the learned Joint Registrar on 15th May 2024, the date already fixed.
17. List before court thereafter.
ANUP JAIRAM BHAMBHANI, J MARCH 14, 2024/ak This is a digitally signed order. CS(OS) 174/2024 Page 3 of 3 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 29/03/2024 at 22:10:03