Delhi High Court - Orders
Bimla @ Neeta & Anr vs Shashi & Ors on 8 July, 2022
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 656/2013
BIMLA @ NEETA & ANR ..... Plaintiffs
Through: Mr. Anuj Gupta, Ms. Pinki Aggarwal
& Mr. Naveen Kumar, Advocates.
versus
SHASHI & ORS ..... Defendants
Through: Mr. Hemant Vats, Mr. Manish Vats
&Mr. Yoginder Saini, Advocates for
D-6 to 8.
Mr. Yatendra Sharma, Advocate for
R-9.
Mr. R.P. Sharma, Advocate for D-5 &
11.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 08.07.2022 I.A. 3802/2022 (U/O XXXIX Rules 1 & 2 of CPC for interim stay)
1. The present application has been filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 by the plaintiffs seeking ad-interim ex-parte stay against the defendants from creating any third-party interest in the suit properties as mentioned in Annexure-C and Annexure-D, which have been placed in the plaint, till the adjudication of the present suit.
2. Learned counsel for the plaintiffs submits that the defendant No. 9 has commenced the construction on Plot bearing No. 689, SalempurMajra, Burari, Delhi, which is a part and parcel of the suit property, which is subject matter of the present suit. It is asserted that the defendant No. 9 is constructing a commercial market on the said plot and is in the process of selling the shops/offices so constructed to third parties by executing the Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:11.07.2022 11:19:36 agreements with them and by delivering the possession thereby, frustrating the right and interest of the plaintiff.
3. A prayer has, therefore, been made to direct the defendants to maintain the status quo and interim injunction.
4. Learned counsel for the defendant No. 9 has vehemently opposed the application and has stated that the plot bearing No. 689, SalempurMajra, Burari, Delhi is incorrectly described and does not form part of the suit property. Learned counsel for the defendant No. 9 further submits that no construction is being carried out on the plot bearing No.689, SalempurMajra, Burari, Delhi but whatever construction is being carried out is on the adjoining plot, which does not form part of the suit property.
5. Be as it may, it is a settled law that any right or interest created in the property in favour of the third party is subject to doctrine of lispendens. Any activity done by the parties shall be subject to the outcome of the present suit.
6. No further directions are required to be passed in the present application and the same is accordingly disposed of on the above terms. I.A. 3328/2017 (U/O 7 Rule 11(d) read with Section 151 of CPC on behalf of the D-6 to 8)
1. List for arguments on 14th October, 2022.
CS(OS) 656/2013 & I.A. 5733/2013 (U/O XXXIX Rules 1 & 2 read with Section 151 of CPC for ad-interim ex-parte injunction file on behalf of the plaintiffs)
1. List on 14th October, 2022.
NEENA BANSAL KRISHNA, J JULY 8, 2022 S.Sharma Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:11.07.2022 11:19:36