Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: RCA DJ 56/23
MAHENDER SINGH Vs. KALYAN SINGH AND ANR
09.04.2024
Present: Ms. Asha Hans, Ld. Counsel for the appellant.
Sh. Sudhir Shokeen, Ld. Counsel for respondent
no.1.
Sh. Amardeep, Ld. Counsel for respondent no.2.
An application U/o 22 Rule 3 CPC has been filed.
Copy supplied.
There is no objection from the side of respondents.
The application is allowed. Let, amended memo of parties be
filed.
Earlier there was an observation that if lawful
construction is going on, the same shall be for all the co-sharers.
During the arguments today, Ld. Counsel for appellant has made
a submission that the appellant being a co-sharer atleast should
not be prohibited from visiting the property so far as their share
is concerned. The appellant shall not create any kind of
disturbance on the suit property but the respondents also shall not
prohibit the appellants if they want to visit the suit property with
intimation to the respondent. This direction shall however not be
treated as an opinion on merits of the case in the present appeal
or in any other case between the parties.
List for arguments on appeal and also on stay
application on 16.05.2024.
A copy of this order be given dasti to the parties.
(Rakesh Kumar Singh)
ADJ-02/(N-W), Rohini Courts,
Delhi/09.04.2024
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