NAS Vs. DELHI GUEST HOUSE SERVICES PRIVATE LIMITED

JUDGEMENT

(1.) By way of the present judgement, I shall decide the applications filed on behalf of the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) seeking interim injunction against the defendants and the application filed on behalf of the defendant no.1 under Order XXXIX Rule 4 of the CPC.

(2.) The present suit has been filed seeking relief of perpetual/permanent injunction restraining the defendants from dispossessing the plaintiff and interfering with the peaceful and continuous enjoyment and possession of the plaintiff in respect of the property situated at 15, Dr. A.P.J. Abdul Kalam Road, New Delhi -110011 and other ancillary reliefs.

(3.) Vide order dtd. 4/5/2020, while issuing summons in the suit, the defendants were directed to maintain status quo with respect to possession and ownership of the properties bearing no. 15, Dr. A.P.J. Abdul Kalam Road and 2 Rajesh Pilot Lane as well as with respect to all services and facilities being presently provided to the plaintiff in and in relation to the plaintiff 's residence. I.A.4683/2021 was filed on behalf of the defendant no.1 under Order XXXIX Rule 4 of the CPC seeking vacation of the order passed by this Court on 4/5/2020. Submissions of the counsels for the parties on the applications under Order XXXIX Rules 1 and 2 and Order XXXIX Rule 4 of the CPC were heard on various dates, on 29/3/2022, 8/4/2022, 27/4/2022, 2/5/2022, 11/7/2022, 13/7/2022, 18/7/2022, 26/7/2022, 3/8/2022, and 16/8/2022, when judgment was reserved in the aforesaid applications. Thereafter, written submissions on the captioned applications have been filed on behalf of the parties.