NAGENDRA VASHISHT Vs. BHAGWAT SAWROOP SHARMA

JUDGEMENT

(1.) BY this order, I shall dispose of above two applications. The first application being IA No. 13486 of 2009 preferred by defendant no. 10 under section 151 CPC for seeking directions from this Court against defendants no. 1,2 and 3 for restraining them from making construction over the property no. 316, Masjid Moth, New Delhi. In the second application being IA No. 14174 of 2009 preferred by plaintiff under Order 39 Rule 1 and 2 CPC directions are sought against defendants no. 1 to 3 to stop illegal and unauthorized construction being carried by these defendants at property bearing number 316 masjid Moth, New Delhi stating that this construction was in violation of order dated 4th May 2007 passed by this Court and also in violation of Building byelaws. Another prayer is made that defendants no. 1 to 3 should be directed not to take possession of the property.

(2.) PLAINTIFF filed the present suit for partition of the property bearing numbers 316, Masjid Moth, New Delhi; 318, Masjid Moth, New Delhi; and 333, masjid Moth, New Delhi on the ground that they were HUF properties belonging to late Shri Yad Ram and after his death, the properties have to go as per succession as late Shri Yad Ram died intestate. At the time of filing the present suit, plaintiff had also moved an application under Order 39 Rule 1 and 2 CPC. Counsel for defendants no. 1 to 3 put appearance on the very first date i. e. 4th May 2007 and accepted notice of the application and submitted that defendants no. 1 to 3 shall maintain status quo with regard to title and possession of the suit properties till the next date. The application under order 39 Rule 1 and 2 CPC was not decided on merits as the notice to other defendants was yet to be served.

(3.) IN the application IA 14174 of 2009 it is submitted by plaintiff that defendants no. 1 to 3 despite giving an undertaking by their counsel to the court of maintaining status quo have taken possession of plot no. 316, Masjid moth, New Delhi. The property was measuring 600 sq yards and defendants no. 1 to 3 divided the plot in two parts and have started raising construction on one part of the property illegally in violation of status quo order.