Sh Sunil Ahuja & Anr vs Sh.Prem Ahuja & Ors on 6 May, 2022

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Delhi High Court - Orders

Sh Sunil Ahuja & Anr vs Sh.Prem Ahuja & Ors on 6 May, 2022

Bench: Amit Bansal

                        $~14
                        *          IN THE HIGH COURT OF DELHI AT NEW DELHI
                        +          CS(OS) 251/2022
                                   SH SUNIL AHUJA & ANR.                     ..... Plaintiffs
                                                   Through: Mr. Puneet Taneja with Mr.
                                                            Manmohan Singh & Ms. Laxmi
                                                            Kumari, Advocates.
                                                   versus

                             SH.PREM AHUJA & ORS.                                ..... Defendants
                                                Through: None.
                             CORAM:
                             HON'BLE MR. JUSTICE AMIT BANSAL
                                                ORDER

% 06.05.2022 I.A.No.7019/2022(for exemption)

1. Subject to the plaintiffs filing the originals of the documents, clear and legible copies with proper margins of any dim documents sought to be relied upon, within four weeks from today, exemption is granted for the present.

2. The application is disposed of.

I.A.No.7021/2022(u/S.151 CPC)

3. In view of the reasons stated in the application, the application is allowed.

CS(OS) 251/2022

4. Let the plaint be registered as a suit.

5. Issue summons to the defendants through all modes. The summons shall state that the written statement(s) shall be filed by the defendants within thirty days from the date of the receipt of summons. Along with the written statement(s), the defendants shall also file affidavit of admission/denial of the documents of the plaintiffs.

Signature Not Verified Digitally Signed By:MAMTA ARYA

Signing Date:09.05.2022 12:01:28

6. Liberty is given to the plaintiffs to file replication(s), if any, within fifteen days from the receipt of the written statement(s). Along with the replication(s) filed by the plaintiffs, affidavit of admission/denial of the documents of the defendants be filed by the plaintiffs.

7. List on 18th May, 2022.

I.A.No.7020/2022(u/O.XXXIX R.1&2 CPC)

8. The present suit has been filed, inter alia, challenging the family settlement between the plaintiffs and the defendants and the Relinquishment Deed dated 21st September, 2021 executed by the plaintiffs in favour of the defendants.

9. It is the case of the plaintiffs that while the plaintiffs have acted in terms of the Settlement Agreement, the defendants are failed to act in terms of the Settlement Agreement.

10. Issue notice.

11. Notice be issued to the defendants through all modes.

12. Counsel for the plaintiff has made out a prima facie case for grant of ex parte ad interim injunction. Consequently, status quo with regard to title and possession of the properties bearing No.7/56, Old Rajinder Nagar, New Delhi and No.RZ-121, RZ-121A and RZ-124, Narsing Garden, Khayala Village Extn., New Delhi shall be maintained till the next date of hearing.

13. List on 18th May, 2022.

14. Compliance under Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 shall be done within three days.

AMIT BANSAL, J MAY 6, 2022 ak Signature Not Verified Digitally Signed By:MAMTA ARYA Signing Date:09.05.2022 12:01:28

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Delhi High Court - Orders