SAT NARAIN Vs. NALANDA MODERN PUBLIC SCHOOL

JUDGEMENT

(1.) The present petition has been filed under Article 227 of the Constitution of India, 1950 by the petitioners for setting aside the order dtd. 24/12/2022 passed by the court of Learned Civil Judge-07, District Central, Tis Hazari Courts, Delhi (hereinafter referred to as 'Trial Court') in SCJ No. 403/2018, titled as 'Nalanda Modern Public School and Ors. V Sat Narain and Anr.' whereby the application filed by the respondents under Sec. 151 of Code of Civil Procedure, 1908 (hereinafter referred to as CPC) has been partly allowed by permitting respondents to install a gate in front of the suit property.

(2.) Petitioners herein are the defendants and respondents herein are the plaintiffs in SCJ No. 403/2018 which is pending adjudication before the learned Trial Court.

(3.) Before this court deals with the relevant facts of the present case, it is considered vital to descriptively put forth the background of the suit property. Initially, khasra no. 857/1, admeasuring (4-08) Extended Lal Dora, Abadi, Burari, Delhi was owned by Mir Singh, Devi Singh and Hari Ram, all sons of late Ram Dass, having 1/3rd share each. Mir singh was survived by his widow namely; Javitri Devi, who became owner of 1/3rd share of the aforesaid property after the demise of her husband. Whereas, Devi Singh was having his two sons namely; Bhim Singh and Dharambir who became the sole owners of share of Devi Singh. Both the sons of Devi Singh sold their shares to Javitri Devi vide four separate registered sale deeds all dtd. 7/2/2011. The petitioners before this court are the legal heirs of the 3rd share holder of late Hari Ram. The land of all the co-sharers was mutually and orally partitioned and subsequent thereto the respective parties had raised their respective construction without any hindrance from either side.