Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 8
CS SCJ 480/23
SHASHI PRABHA Vs. CHANDAWATI
05.07.2023
Present: Sh. Rajiv Gupta & Sh. Sandeep Yadav, Ld. Counsels for plaintiff with plaintiff.
Sh. Kuldeep Singh Kariyar, Ld. Counsel for defendant.
Written statement filed. Copy supplied.
Application under Order 39 Rule 1 and 2 CPC is taken up.
Briefly stated, by placing reliance upon a registered sale deed dated 22.11.2016,
plaintiff claims to have purchased the second and third floor of the property bearing House No.
1279B, Gali No. 88, Shanti Nagar, Tri Nagar, Delhi (hereinafter the “suit property”) from the
defendant who also happens to be the occupant of the first floor of the same building. Certain
disputes have arisen between the parties and the defendant has interalia refuted the execution of the
aforestated sale deed.
It is, however, not in dispute that as on date the locks of the plaintiff have been
affixed on the subject property i.e. the second and third floor. Same is also reflected from the copy of
the plaint of the counter suit titled “Chandrawati V/s Shashi Prabha” filed by the defendant.
Although in the temporary injunction application, two relief(s) have been pressed
for i.e. injunction against creation of any hindrance in enjoyment of property as well as against
creation of third party interest, Ld. Counsels for plaintiff state that they are not pressing the first
relief.
Thus, in order to preserve the suit property against any wastage and also to prevent
any third party being embroiled in litigation, the application is allowed to the extent that the
defendant shall not create any third party interest over the same until the final disposal of the
suit.
Application stands disposed off in aforestated terms.
Replication, if any, be filed within 30 days with advance copy to the opposite side.
Re-notify for admission/ denial of documents and framing of issues on
07.11.2023.
(Divya Malhotra)
ACJ/ARC (North West)
Rohini Courts, Delhi/05.07.2023
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