Interim Order 22

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 13 CS SCJ 1618/24
vaibhav aggarwal and anr Vs. Ankur Aggarwal
15.07.2026
Present : Plaintiff no. 1 in person.
Defendant in person.
Passover sought by both sides. Granted.
(Raghav Sharma)
CJ-07(C)/THC/Delhi/15.07.2026
At 11:03am
Present : Sh. Trilock Chand, Ld. counsel for plaintiffs with
plaintiff no. 1 in person.
Sh. Vineet Mehta, Ld. counsel for defendant with
defendant in person.
While hearing brief submissions from both the
counsels, it has come to the notice of this Court that the present
suit has been filed by plaintiff seeking relief of declaration of his
share to the extent of 50% in the suit property i.e. tenanted
premises, recovery of possession, partition of suit property after
determination of the share of plaintiff, permanent injunction
prohibiting defendant, his agents, representatives, legal heirs,
servants etc. from creating any 3rd party interest.
Upon query, Ld. counsel for plaintiff has submitted
that he has valued his suit for the relief of possession at Rs.
60,000/- as per yearly rent of the suit property and has paid Court
fees of Rs. 2,350/-. He further submitted that for declaration and
rendition of accounts, he has valued the relief at Rs. 200/- and
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valued the relief of mandatory and permanent injunction at Rs.
130/- each.
Arguments of both the parties heard.
The relief of recovery of possession, permanent
injunction and partition of suit property sought by plaintiff herein
is dependent upon the main relief i.e. declaration of his share to
the extent of 50% in the suit property being a co-tenant. Without
there being any determination of such right of the plaintiff, the
relief sought by the plaintiff seeking grant of possession of 50%
of the property coupled with partition can not be granted. This is
an admitted position between the parties that plaintiff herein is
not in possession and as such the relief of recovery of possession
can not be claimed independently or in isolation. As discussed,
the relief of recovery of possession, partition and permanent
injunction are dependent upon preliminary relief i.e. declaration
of share of plaintiff, therefore, these reliefs are in nature of
consequential reliefs dependent on relief of declaration. In view
thereof, the suit has to be valued in terms of Sec. 7 (4) (c) of
Court Fee Act at the current market value of the property for the
purpose of Court fee as well as for the purpose of jurisdiction.
The suit herein has not been valued properly and
therefore, plaintiff is directed to value the suit properly. The same
be done before NDOH.
Put up for further proceedings on 29.08.2026.
(Raghav Sharma)
CJ-07(C)/THC/Delhi/15.07.2026
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