JAGDISH CHANDER TALWAR Vs. UDAY SARIN

JUDGEMENT

(1.) RAJIV SAHAI ENDLAW, J 1. The plaintiffs in this suit, (i) for recovery of possession of property No.6, Kautilya Marg, Chanakyapuri, New Delhi ­ 110 021; (ii) for permanent injunction; and, (iii) for mesne profits, seek judgment qua the relief of possession on admission. The senior counsel for the plaintiffs and the counsel for the defendants have been heard.

(2.) THE case of the plaintiffs is:-

(3.) ON the application of the plaintiffs for interim relief, vide ex parte order dated 15th September, 2010, the defendants were restrained from creating any kind of interest including third party interest in the property. The said order was made absolute on 17 th February, 2011 and it was further directed that the defendants will also maintain status quo qua construction. During the hearing on 21 st September, 2011 it was agreed between the parties that subject to final decision of this suit, the possession of ground floor of the property will be handed over by the defendants to the plaintiffs and liberty was granted to the plaintiffs to either occupy the same or to let out the same to a suitable tenant. However thereafter an application was filed by the defendants for recall of the said order but which was dismissed. FAO(OS) No.494-495/2011 preferred thereagainst was also dismissed on 14th October, 2011. SLP (C) No.29733-35/2011 preferred thereagainst was also dismissed on 20 th October, 2011.