Order 4

Order Details: COPY OF ORDER
Pdf Text: 7 CS/72/2026
DLNE010006042026
MURLIDHAR PANDEY
Vs.
RAM BADAL PANDEY
24.09.2026
Present: Mr. Ashwani Tyagi, Ld. Counsel for plaintiff with
plaintiff.
Mr. R.N. Tiwari, Ld. Counsel for D-1.
D-2 in person.
1. Copy of paper book supplied to D-2 in Court. He is at
liberty to file his written statement within 30 days from
today with copy to the other side.
2. IA No. 2/26 (seeking exemption from filing certified copy)
is disposed off with exemption as prayed.
3. IA No. 3/26 (seeking condonation of delay in filing of
written statement by D-1) is also disposed off with the
consent of plaintiff. The delay in filing of written statement
of D-1 is condoned. Written statement of D-1 is taken on
record.
4. IA No. 1/26 (U/O XXXIX Rule 1 & 2 CPC) is taken up for
hearing. Plaintiff wants an interim injunction restraining D-
1 from alienating, sub-letting, making any construction or
creating any third party interest in the suit property.
5. In the written statement filed by D-1, he admits that the suit
property was jointly purchased in the name of three
brothers who are the parties before this Court and each one
of them is having 1/3rd share in the suit property. His only
defence is that some other property falling in Ayodhya, U.P.
has not been made subject matter of suit in this case. As per
the written statement of D-1, some other suit (particulars of
which are not given) is pending in U.P. and therefore, the
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present suit is barred by law.
6. Considering the fact that D-1 does not dispute that the suit
property is in the joint name of the parties before this Court
and the fact that each one of them have 1/3rd share in the
suit property, plaintiff has made out a prima facie case in
his favour. Plaintiff admittedly is residing at second floor of
the suit property. This fact was admitted during the course
of hearing before this Court. Thus, balance of convenience
is found in favour of plaintiff and in case injunction is not
granted to the plaintiff, loss suffered by him may not be
easily compensated in terms of money.
7. I may note that D-2 has also appeared today and has
claimed that he has no objection in case the suit is decreed
with each brother getting 1/3rd share in the suit property.
Signatures of D-2 in this regard are taken on this order-
sheet.
8. Considering the above, IA No. 1/26 is disposed off with
direction that D-1 shall not alienate, sub-let, make any
construction or create third party interest in the suit
property till the disposal of the present suit.
9. Considering the pleadings before this Court and the
proceedings recorded above, in my humble opinion, the
present suit can be decided in exercise of powers U/O XII
Rule 6 CPC r/w Order XV Rule 1 CPC.
10. Let parties address arguments on this aspect on next date.
Dasti to parties.
11. List on 13.10.2026.
Aashish Gupta
DJ-01/NE/KKD/DELHI
24.09.2026
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