Delhi High Court - Orders
Ajay Sharma vs Sanjay Sharma & Ors on 12 April, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~104
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1130/2012
AJAY SHARMA ..... Plaintiff
Through: Mr. Rajat Sehgal, Advocate.
versus
SANJAY SHARMA & ORS ..... Defendants
Through: Mr. Vivek Sood, Senior Advocate
with Mr. Pramod Kumar, Ms. Malika
Sharma and Mr. Javed, Advocate for
D-1.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 12.04.2022 I.A. No. 5556/2022 (u/ Order XXXIX Rule 2A r/w Section 151 of the Code of Civil Procedure, 1908 [hereinafter "CPC"] on behalf of D-1 seeking interim measure(s))
1. The present application has been filed by Defendant No. 1 alleging contempt of Order dated 25th April, 2012 passed in I.A. 7551/2012. By way of the said Order, the Court directed the "parties to maintain status quo qua suit properties F-1/A, Green Park Extension, New Delhi and D-2, Ground Floor, Arjun Nagar, New Delhi" [hereinafter "Green Park Extn. Property"
and "Arjun Nagar Property", respectively].
2. It is the case of the Applicant that Plaintiff is violating status quo order by carrying out illegal alteration(s), change(s) and raising constructions on the ground floor portion of the Green Park Extn. Property Signature Not Verified Digitally Signed CS(OS) 1130/2012 Page 1 of 3 By:NITIN KAIN Signing Date:12.04.2022 21:19:50 in gross violation of the directions passed by this Court. It is alleged that the foundation and foundation pillars of said property have been broken down using big construction machines and the Plaintiff has removed two structural building columns as well. The Applicant argues that he has a strong apprehension that the said property would be damaged/ weakened and would collapse.
3. Per contra, Mr. Rajat Sehgal, counsel for non-Applicant/ Plaintiff contends that the application is frivolous and counter blast to contempt petitions filed by the Plaintiff wherein the Court had directed the presence of Defendant No. 1 and his son. He submits that he is not making structural change(s) in the said premises and only carrying out the repair work of the bathroom by raising its plinth level. It is argued that the Applicant is unnecessarily harassing the Plaintiff by making false and frivolous complaints at the police station.
4. In order to ascertain whether any structural change(s) are being made, at the request of the counsel for the Applicant, the Court considers it appropriate to a Local Commissioner who shall visit the said property.
5. Accordingly, Mr. Ankit Kakkar, Advocate [Contact No.: +91 9971423535] is appointed as the Local Commissioner to visit the Green Park Extn. Property, as described above, on 14th April, 2022 at a suitable time in consultation with the counsel for the parties. The Local Commissioner is directed to submit a report regarding existing state of affairs at the said property and in case construction work in nature of Signature Not Verified Digitally Signed CS(OS) 1130/2012 Page 2 of 3 By:NITIN KAIN Signing Date:12.04.2022 21:19:50 structural change(s), if any, is being carried out at the said property. The Local Commissioner shall be permitted to take photographs and video-graph the said premises.
6. At the time of the execution of the commission, the parties and their counsel shall remain present at the afore-said property. None of the parties or counsel for the parties will obstruct the Local Commissioner in carrying out the commission and would render full assistance. If need be, the Local Commissioner shall also be entitled to take assistance of the concerned Police Station. The SHO is directed to render full assistance to the Local Commissioner, if so required.
7. The fee of the Local Commissioner is fixed at Rs. 75,000/-, which shall be borne by the Applicant/ Defendant No 1.
8. Issue notice to non-Applicant/ Plaintiff. Mr. Rajat Sehgal, Advocate accepts notice on behalf of the Plaintiff. Let reply be filed within a period of two weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.
9. Re-notify for further orders on 13th May, 2022.
SANJEEV NARULA, J APRIL 12, 2022/d.negi Signature Not Verified Digitally Signed CS(OS) 1130/2012 Page 3 of 3 By:NITIN KAIN Signing Date:12.04.2022 21:19:50