Full Order Text
Order 2 · 15 Nov 2025 · CNR DLND030018392025
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: 18 CS SCJ 1023/25 AMIT KUMAR Vs. GOVIND 15.11.2025 Present: Sh. Yogesh Sharma, Counsel for plaintiff. Perusal of plaint shows that the present matter has been filed seeking permanent injunction against defendants no.1 and 2 from raising construction in the suit property without sanction plan and approval of defendant no.3 and for restraining defendants no.1 and 2 from creating any third-party interest in the suit property. Perusal of plaint shows that it has been specifically averred that the suit property i.e. House no. B-703, Buddh Vihar, Inderpuri, Delhi was constructed on a vacant plot allotted to Charan Singh (grandfather of the plaintiff) and the said Charan Singh raised construction on the said plot out of his own hard-earned money. Therefore, as per pleadings made, the said property was the separate property of Charan Singh and on his demise on 26.06.2001, devolved upon his legal heirs, including the defendant no.1 (son of Charan Singh). Plaintiff is admittedly the son of said defendant no.1 Govind. Hence, prima facie during the lifetime of Govind, no interest in the said property would devolve upon the plaintiff. Furthermore, plaintiff has made reference to a relinquishment deed dated 25.05.2025 in para 6 of the plaint, as per which, the remaining legal heirs, including Govind had executed the relinquishment deed in favour of Hiralal s/o Charan Singh. However, in the entire pleadings, no challenge to the said relinquishment deed had been raised on behalf of the plaintiff herein. Hence, query is made to the plaintiff regarding the maintainability of the present matter. At request, list on consideration/clarifications on the aforesaid aspect on 03.12.2025. Rupinder Singh Dhiman ACJ/CCJ/ARC, NDD, PHC New Delhi :15.11.2025 -- 1 of 1 --