TILAK RAJ AHUJA Vs. MAHESH CHANDER AHUJA

JUDGEMENT

(1.) THIS is an application seeking interim injunction restraining the defendant, his associates, servants, employees, etc. from causing any interference, disturbance and hindrance in the peaceful enjoyment of the roof of the suit property during pendency of the suit.

(2.) THE parties to the suit are brothers, being sons of late Sh. Harbans Lal Ahuja and late Smt. Chanan Devi. Late Sh. Harbans Lal Ahuja was the owner of property No. J-13/9, Rajouri Garden and Z-127, Loha Mandi, Naraina. It is alleged in the plaint that after death of Sh. Harbans Lal Ahuja, Smt. Chanan Devi, mother of the parties, had relinquished her 1/3rd share in property No. J-13/9, Rajouri Garden, left by Sh. Harbans Lal Ahuja, in favour of the plaintiff, thereby making him owner of 2/3 rd share in the aforesaid property. THE plaintiff has now sought partition of property No. J-13/9, Rajouri Garden, New Delhi.

(3.) AS far as the ground floor of the property is concerned, the learned counsel for the defendant very clearly undertakes that the defendant will not interfere with the possession of the plaintiff with respect to the ground floor of the suit property in any manner. Moreover, no interim injunction with respect to the ground floor portion of the suit property has been sought by the plaintiff.