Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 592/2025
Jinender Kumar Jain and ors v Manoj Tiwari
01.08.2025
Fresh application filed by the applicants under Order 1 Rule
10 CPC r/w Section 114 and Order 47 Rule 1 r/w Section 151 CPC.
(Proceedings are taken up through Hybrid Mode i.e Physical as well as VC)
Present: Mr. Vaibhav Jain and Mr Anmol Bansal, ld. Counsels for
applicant with applicant Ms Rashmi Tiwari
By way of this application, Ld. Counsel for the applicant seeks
review of the Order dated 28.07.2025 passed by this Court and for initiation
of proceedings for perjury committed by the Respondent Manoj Tiwari in
collusion with Plaintiffs in CS (Comm) no. 841/2025 under Section 227 ,
228 and 229 of BNS against them.
Ld. Counsel refers to the documents annexed with the
application including the rent receipts, which indicate that the respondent
was never the tenant at the shop no. 43/1 to 45, consisting of ground floor
uptill third floor at gali paranthe wali, Chandni Chowk, measuring 65 sq.
feet each floor (hereinafter referred as shop in question) at any point of
time.
Ld. Counsel submits that the shop was owned by Mr Jagdish
Prasad and the same was let out to the applicant’s husband Late Sh. Parmod
Tiwari. Ld. counsel submits that the applicant Ms Rashmi Tiwari with her
husband were tenants under late Mr Jagdish Prasad in the year 1981 and the
tenancy continued uninterruptly until the demise of applicant’s husband.
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Thereafter, applicant was attorned as a tenant under Mr Jagdish Prasad and
till date is in possession of shop as a tenant.
Ld. Counsel submits that the Order dated 28.07.2025 has been
obtained by the parties by active collusion with each orther, in order to grab
the shop in question and to illegally dispossess the applicant from the shop
in question.
This Court has examined the Applicant Ms Rashmi Tiwari in
order to ascertain the facts and circumstances. She submits that she still is
the tenant at the shop in question being in possession of the same. However
she was forcibly attempted to be dispossesed by the Respondent Manoj
Tiwari and the Plaintiffs in CS (Comm) 841/2025. She states that she also
made a call at 100 and filed a police complaint no. 11613241 on 31.07.2025
in the night at police station Kotwali. She could be able to protect her
possession and had put her locks in the presence of Mr Pawan and Mr Udit
Gupta, LRs of Late Mr Jagdish Prasad ( lawful owners).
Considering the submissions of Ld. Counsel for the applicant
as also the documents coupled with the rent receipts, it would be
appropriate as also expedient for ends of justice, if a status quo be passed in
respect of the possession over the shop in question till next date.
A status quo is hereby passed in respect of the possession over
the shop in question till next date by all parties.
Issue notice of the application upon Plaintiffs and the
Defendant (in CS (comm) no.841/2025) on filing of PF/RC/AD/Regd.
SP/Courier as well as through all e-mode, returnable on 05.08.2025.
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Dasti summons be also given.
Main case file be requisitioned from Record room and be
tagged alongwith application.
Put up on 05.08.2025.
(Ravinder Bedi)
District Judge (Commercial Court)-12
Central District, Tis Hazari Courts /Delhi
01.08.2025
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