GEETA MEHTA & ANR. vs ANIL MEHTA & ANR.

2024-01-05 Information

$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 5th January, 2024
+ CS(OS) 364/2019
GEETA MEHTA & ANR. ….. Plaintiffs
Through: Mr. Arvind K. Gupta, Mr. Rikshi Bhardwhwaj & Mr. Abhiesumat Gupta, Advocates with petitioner in person.

versus

ANIL MEHTA & ANR. ….. Defendants
Through: Mr. Jayant Bhushan Sr. Advocate with Mr. Yojit Mehra, Mr. Tushar Bhushan, Mr. Amartya Bhushan & Mr. Ketan Paul, Advocates for D-1 & D-2.
CORAM:
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T (oral)
I.A. 21057/2022 (u/O XXXIX Rule 4 r/w Section 151 of CPC by the Defendants:
1. By way of the present application, the applicant/defendants are seeking following reliefs: –
i. Vacate the ad-interim injunction order dt.23rd july 2019 in I.A. No. 9780/2019 in r/o property no. A-41, Sector 36, Noida,

ii. Direct & restrain the Noida Authority [Assistant General Manager (Industry), Main Administrative office, Sector 6, Noida, District Gautam Budha Nagar-201301] not to take any coercive/adverse action by way of cancellation of the allotment of the plot no. A-33, sector 65, Noida (till the finalisation of the civil suit no. 364/2019) with further directions to give a reasonable time for completion of construction and commencement of business to the owners determined from the date of final order of the court).

I.A. 12055/2023: Application u/S 151 of CPC by the Defendants has been filed with the following prayer:

i. Direct the Noida Authority [Assistant General Manager (Industry), Main Administrative office, Sector 6, Noida, District Gautam Budha Nagar-201301] to withdraw the cancellation order dt. 10.03.2023 in r/o plot no. A-33, sector 65, Noida (till the finalisation of the civil suit no. 364/2019 with further directions to give a reasonable time for completion of construction and commencement of business to the owners determined from the date of final order of the court).

2. The present Suit for Partition and Permanent Injunction had been filed on behalf of the plaintiffs which includes the subject property i.e., Plot No. A-33, Sector 65, NOIDA, Uttar Pradesh by the plaintiff on the averments that the suit properties, as described in Schedule-I accompanying the Plaint, were separate properties of Late Ram Sarup Mehta who died on 30.01.1974. After the demise, his properties devolved upon his wife Late Bimla Mehta and thereafter, the properties devolved upon the plaintiff and Mr. Anil Mehta (defendant No. 1) and Ms. Renu Sood, daughter (defendant No. 2) in equal share.
3. The defendants, however explained that from the Title Deeds, it is evident that the subject Property No. A-41, Sector-36, NOIDA, Uttar Pradesh is the exclusive and separate property of Late Smt. Bimla Mehta and the Property No. A-33, Sector-65, NOIDA, Uttar Pradesh was the exclusive property of Late Smt. Bimla Mehta and Late Shri Rajeev Mehta. They also claimed that Late Smt. Bimla Mehta, during her lifetime, had executed the Will dated 15.12.2010 in respect of Property No. A-33, Sector-65, NOIDA, Uttar Pradesh. and Will dated 30.04.2011 in respect of Property No. A-41, Sector-36, NOIDA, Uttar Pradesh.
4. The Application No. I.A. 6/2020 dated 21.11.2019, under Order VI Rule 17 of CPC, 1908 seeking amendment of the Plaint for Declaration of the Wills of Late Smt. Bimla Mehta as null and void, had also been filed on behalf of the plaintiffs.
5. An ex parte ad interim injunction was granted vide Order dated 23.07.2019, which is continuing till date. The defendants have asserted that though the NOIDA Authority was duly informed about the said ex parte ad interim injunction, it issued the Notice dated 07.02.2022 directing completion of the construction and to start business by 31.12.2022. Thereafter, vide its Order dated 10.03.2023 has cancelled the allotment of the plot despite being informed about the aforesaid injunction vide Letter dated 27.12.2022.
6. Therefore, the prayer is made that the NOIDA Authority may be directed to withdraw the cancellation Order dated 10.03.2023 and the ad-interim injunction Order dated 23.07.2019 in I.A. No. 9780/ 2019 be vacated in respect of property no. A-41, Sector 36, Noida; further directions to the NOIDA Authority be issued to no take any coercive steps/ action by way of cancellation of the allotment of Property No. plot no. A-33, sector 65, Noida, Uttar Pradesh till the pendency of the present suit.
7. Submissions heard.
8. The ex parte ad interim injunction granted vide Order dated 23.07.2019, by which the defendants were directed not to sell, alienate or create any third-party interest in the suit properties, including the aforesaid subject property located at Noida.
9. First and foremost, the NOIDA Authority is not a party to the present Suit and there was no restraint order against the NOIDA Authority, which has proceeded against the aforesaid subject property in accordance with its Rules and Regulations. If the defendants are aggrieved by the cancellation of allotment, they are at liberty to pursue the appropriate remedy before the appropriate forum.
10. The present Suit is for Partition and Permanent Injunction of the properties, which includes the aforesaid subject property and the controversy raised in the present applications in regard to the completion of construction and commencement of business on the subject property, is not within the compass of the issues to be determined in the present Suit.
11. Insofar as vacating the stay in respect of the property No. A-41, Sector-36, NOIDA, Uttar Pradesh is concerned, this aspect shall be considered in I.A. 13823/2019.
12. Accordingly, there is no merit in the present applications, which are hereby dismissed.
CS(OS) 364/2019

I.A. 13823/2019 (u/O XXXIX Rule 4 r/w Section 151 of CPC, 1908 by D-1 for vacation of ex parte ad interim injunction Order dated 23.07.2019)
I.A. 11215/2020 (u/O XII Rule 6 of CPC, 1908 by plaintiffs for judgment on admissions)
I.A 9663/2023 (u/O VI Rule 16 r/w Section 151 of CPC, 1908 by plaintiffs for directions to defendants to file Written Statement)
I.A 9666/2023 (u/S 151 of CPC, 1908 for condonation of delay in filing the amended Written Statement by D-1)
I.A 9898/2023 (u/O VII Rule 11 r/w Section 151 of CPC, 1908 by defendants for rejection of Plaint)

List on 25.04.2024.

(NEENA BANSAL KRISHNA)
JUDGE
JANUARY 5, 2024
S.Sharma/JN

CS(OS)364/2019 Page 5 of 5