High Court of Delhi
N.V. RAMANA & PRADEEP NANDRAJOG, JJ.
Janak Datwani & Another
Versus
Jamna Datwani & Others
FAO (OS) Nos. 592 & 593 of 2013
Decided On: 16-05-2014
Interim Arrangement - Property Dispute - Companies Act, 1956, Domestic Violence Act, 2005 - The judgment discusses the interim arrangement concerning possessory rights in a property dispute, involving the Companies Act, 1956 and the Domestic Violence Act, 2005.
Fact of the Case:
The judgment addresses a property dispute involving possessory rights and financial support among family members, with multiple ongoing litigations and interim applications.
Finding of the Court:
The court found that the ongoing litigations and numerous interim applications were causing undue delay and burden on the judicial system, and therefore consolidated the suits for expeditious trial.
Issues: The main issues were the possessory rights in the disputed property, financial support to family members, and the abuse of legal processes through multiple litigations and interim applications.
Ratio Decidendi: The court decided to consolidate the suits to expedite the trial and prevent misuse of legal procedures, emphasizing the need to prevent abuse of the legal process while ensuring access to justice.
Final Decision: The appeals were disposed of without any order as to costs, and the court stayed the proceedings under the Domestic Violence Act, 2005 initiated by one of the parties.
Pradeep Nandrajog, J.
1. The above captioned appeals lay a challenge to a common order dated December 16, 2013 whereunder by way of an interim arrangement which was to last till the next date of hearing before the learned Single Judge, 12 directions were issued in paragraph 24 of the decision.
2. After hearing learned counsel for the parties at length and also hearing Anand Datwani and Janak Datwani, with persuasion, noting a consent emerging between Jamna Datwani and Janak Datwani, the two parties directly impacted by the impugned order, on May 02, 2014, we had passed an order as under:-
1. The two captioned appeals challenge a common order dated December 16, 2013 whereunder as an interim arrangement, which was to last till the next date of hearing before the learned Single Judge, in Paragraph 24, twelve directions have been issued.
2. Directions from Sl.Nos.1 to 6 concern a portion of the property bearing Municipal No.6, Friends Colony (West), New Delhi. Concededly, the portion of the property qua which the six directions have been issued is the property of a company called I N Exports Pvt. Ltd., 99% shares whereof are controlled directly or through holding or subsidiary companies controlled by Janak Datwani, the appellant of FAO(OS) No.592/2013.
3. As regards the said aspect of the matter, a consent has emerged in the Court between Janak Datwani and his mother Jamna Datwani, the two parties which are concerned with directions issued vide serial Nos. 1 to 6. It has been agreed that Ms.Jamna Datwani would have a right of exclusive residence in a room highlighted in red slanting lines in the site plan which forms part of the present order. Mr.Janak Datwani would have a right of exclusive residence in a room highlighted in blue slanting lines in the site plan which forms part of the present order.
4. The area bounded in yellow lines has two portions: (i) a kitchen area, and (ii) a pantry area.
5. It is agreed that as one enters from the passage to the area bounded in the yellow lines, the first room would be exclusively used by Ms.Jamna Datwani as her kitchen and the room behind would be used exclusively as a kitchen by Janak Datwani. We have described the two rooms as above because whereas Janak Datwani states that the first room as one enters through the passage is a pantry and the other is a kitchen, Ms.Jamna Datwani asserts to the contrary.
6. The area highlighted in green slanting lines is a passage but of such dimensions that it can be used as a dining area. Janak Datwani is using the same as a dining area. It is agreed that through said passage Ms.Jamna Datwani would have a right of way to enter the kitchen-cum-pantry area bounded in yellow lines.
7. Be that as it may, the position is that the first room entered into from the passage would be used as a kitchen exclusively by Jamna Datwani and the next room would be used exclusively by Janak Datwani as a kitchen. It is further agreed by the parties that since access to the room to be used exclusively as a kitchen by Janak Datwani would require him to pass through the room which would be used as a kitchen by Janak Datwani, he and his family members as well as his servants would have access to the kitchen through the kitchen of Jamna Datwani. It is further agreed that a CCTV camera would be installed at the gate affixed at the boundary abutting the main road, meaning thereby that the CCTV camera would focus at the gate through which access is made from the main road to an open area of the plot before the built up portion.
8. It is further agreed that a garage in the servant quarters block would be used by the servants of Jamna Datwani, but would access the same through a common passage to be used along with other inhabitants of the servant quarterscumgarage block. The junk/unused goods lying in the garage would be removed by Janak Datwani within four days. The garage would be cleaned and whitewashed. The possession would be handed over to Jamna Datwani within f
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