Full Order Text
Interim Order 1 · 28 Sept 2026 · CNR DLNE010032112026
Order Details: COPY OF ORDER Pdf Text: CS/357/2026 DLNE010032112026 SHRI SOHAN SINGH Vs. SHRI HARDEEP SINGH 28.09.2026 Fresh suit is received by way of assignment. It be checked and registered. Present: Ld. Counsel for plaintiffs. 1. Heard and perused the file. 2. Issue summons for settlement of issues and notice of interim application(s), if any, to defendant(s) through all permissible modes on filing of PF returnable for 29.10.2026. Dasti summons be also given. 3. At this stage, counsel for plaintiffs presses his application u/O XXXIX Rule 1 & 2 CPC. It is submitted by counsel for plaintiffs that each of the plaintiffs has 1/4th share in the suit property with D-1 having the remaining 1/4th share. Counsel for plaintiffs submits that D-2 (who is son of D-1) is a gym trainer and he is pressurizing P-1 (aged about 90 years) to transfer P-1’s share in favour of D-1 or D-2. He submits that recently on 22.09.2026 (after filing of the present suit), D-2 had pushed P-1 out of the house and only with police intervention, P-1 could get back into the property. 4. It is submitted that at least till next date, defendants should be restrained from creating any third party interest or parting with possession with the suit property. 5. Considering the submissions made and the fact that plaintiffs prima -- 1 of 2 -- facie appear to have a share in the suit property and P-1 being in possession of the same, plaintiffs have a prima facie case in their favour and balance of convenience is also in their favour. In case defendants are not restrained, ex-parte, the loss suffered by the plaintiffs cannot be easily compensated in terms of money. 6. Accordingly, defendants are restrained from creating any third party interest in the suit property bearing No. B-43, admeasuring 200 square yards, out of Khasra No. 45/2, situated at Village Karawal Nagar, Shahdara, Delhi, now known as Gali No. 1, Sadatpur Extension, Karawal Nagar, Delhi-110094 or parting with possession thereof till NDOH. Let plaintiffs comply with provision of Order XXXIX Rule 3 CPC. Dasti. AASHISH GUPTA DJ-01/NE/KKD/DELHI 28.09.2026 -- 2 of 2 --