MEENU vs ASHISH KUMAR ORS & ANR.
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 14th June, 2024
+ CM(M) 2803/2024, CM APPL. 35386/2024 (for ad-interim stay)
MEENU ….. Petitioner
Through: Mr. Kunal Kalra, Advocate.
versus
ASHISH KUMAR ORS & ANR. ….. Respondents
Through:
CORAM:
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T (oral)
CM APPL. 35385/2024 (Exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
CM(M) 2803/2024
3. The Petition under Article 227 of the Constitution of India, has been filed on behalf of the petitioner, against the impugned Order dated 05.06.2024 vide which the learned District Judge (Commercial)-03, Tis Hazari Court, Delhi, has directed the summons of the Suit, be issued to the proposed respondents.
4. The petitioner herein had filed an application under Order 41 Rule 5 of the Code of Civil Procedure (CPC), 1908 (hereinafter referred to as the Act), for passing ex-parte ad-interim stay. The petitioner had filed an Application under Order I Rule 10 of the CPC before the learned District Judge for impleadement of respondent Nos. 3 and 4 herein. Till such time, the learned District Judge has issued the Notice of the application under Order 1 Rule 10 CPC, to the proposed respondents. The petitioner is seeking that the respondent Nos. 3 and 4, be restrained from creating third party rights in the Suit Property and to maintain the status quo.
5. The petitioner has filed a Suit for Possession, Recovery of Mesne Profits and Mandatory Injunction against the respondent Nos. 1 and 2, before the learned District Judge. Thereafter, an Application had been filed under Order 39 Rule 1 and 2 for maintaining status quo and an Application under Order 1 Rule 10 CPC before the learned District Judge for impleadment of proposed respondent Nos. 3 and 4, namely, Mr. Arvinder Singh and Mr. Kuldeep Singh, on the ground that they have been put in possession during the pendency of the Suit and there is every likelihood that the respondent Nos. 1 and 2 may run away from the Suit Property. Therefore, status quo Orders in respect of the title/possession of the Suit Property is sought viz-à-viz respondent No. 3 and 4.
6. Learned District Judge (Commercial)-03, Tis Hazari Court, Delhi, has issued the Notice of the application to the proposed respondents. It may be observed that the respondent Nos. 3 and 4 to whom allegedly the possession has been handed over by the respondent Nos. 1 and 2, during the pendency of the Suit against them, would be bound by the doctrine of lis pendens. The Notice of the Application has already been issued. No further orders are required. There is no ground made up for any status quo/injunction against the proposed respondent Nos. 3 and 4. There is no merit in the present Petition, which is hereby dismissed. The pending application also stands disposed of.
7. The parties are directed to appear before the learned District Judge (Commercial)-03, Tis Hazari Court, Delhi, on 08.07.2024, the date already fixed.
NEENA BANSAL KRISHNA
(VACATION JUDGE)
JUNE 14, 2024/RS
CM(M) 2803/2024 Page 1 of 3