Delhi High Court - Orders
Monica Gogia vs M S Rss Estate Llp & Anr on 13 March, 2024
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 202/2024, CAV 115/2024 I.A. 5646/2024, I.A. 5853/2024,
I.A. 5854/2024, I.A. 5872/2024
MONICA GOGIA ..... Plaintiff
Through: Mr. Rajiv Nayar, Sr. Advocate with
Mr. Saket Siri, Mr. Arjun Syal, Mr.
Arjun Syal, Mr. Raghuveer Kapur and
Mr. Randeep Sachdeva, Advocates
versus
M S RSS ESTATE LLP & ANR. ..... Defendants
Through: Mr. Dayan Krishnan, and Mr. Sunil
Dalal, Sr. Advocates with Mr. Ajay
Kohli, Mr. Rajiv Singh, mr. Tarjit
Singh, Ms. Dipika Prasad, ms.
Manisha, Mr. Nikhil and Mr. Vikram
Singh Dalal, Advocates
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 13.03.2024 I.A. 5872/2024 (FOR VACATION OF EX-PARTE INTERIM ORDER DATED 09.03.2024)
1. The present application has been filed on behalf of the Defendants seeking vacation of the stay dated 09.03.2024.
2. It is submitted on behalf of the Defendants that there were two registered Sale Deeds executed in respect of the front portion which is evident not only from the Sale Deeds, but also from the fact that at the time of execution of Sale Deed, the photography was done and biometrics was This is a digitally signed order.
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 14/03/2024 at 22:35:13 also conducted, which shows not only the presence of the plaintiff executing the Sale Deeds, but the Sale Deeds are also witnessed by the son. By virtue of the two registered Sale Deeds, the Defendants have become the registered owners and are legitimately separating the suit property from the remaining portion, by raising the wall.
3. It is further submitted that there is an independent access to the portion where the plaintiff is residing through a gate, though, a wall exists in front of the gate, blocking the access. The plaintiff can remove the wall and have an independent access through the gate, to his portion of the property who admits the existence of the Gate but states that there exists a wall blocking any ingress egress through it, what has been reflected in the site plan annexed with the Sale Deeds more street around the entire plot/suit property which is a private plot and the plaintiff cannot have an access to his property/ plot through the property of another person.
4. Submissions heard.
5. Both the parties agree that the Local Commissioner may be appointed to ascertain if there is a street around the plot and whether it is a private or a public street through which the plaintiff can gain access through his gate which exists in his portion though presently blocked by the wall.
6. On the joint request of the parties, Mr. Toshiv Goyal, Advocate, Mobile No. 9899003676, is hereby appointed as the Local Commissioner on the following terms and conditions: -
(i) The fee of the Local Commissioner is fixed at Rs. 1,00,000/- to be shared equally by the parties.
(ii) The Local Commissioner shall visit the suit property on 14.03.2024 post-lunch after giving intimation to the applicant/plaintiff This is a digitally signed order.
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 14/03/2024 at 22:35:13 as well as the defendants through E-mail, WhatsApp or telephonically thereby fixing the time to inspect the boundary wall and also to see whether there is a public or a private street across the plot and whether there can be an independent access to the portion where the plaintiff is residing through the back gate.
(iii) The Local Commissioner shall submit his report to the effect whether there are other plots/properties which have their access through the said street.
(iv) The Local Commissioner shall also report if other houses/plots open into this street.
(v) The Local Commissioner shall take the photographs of the suit property as well as the site.
(vi) The Local Commissioner shall submit his report by Friday i.e., 15.03.2024 in the Court.
7. Till then the parties shall remain bound by the Order dated 09.03.2024.
8. Parties are also directed to maintain cordiality and not indulge in acrimony inter se each other.
9. List on 18.03.2024.
NEENA BANSAL KRISHNA, J MARCH 13, 2024/PT This is a digitally signed order.
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 14/03/2024 at 22:35:14