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2022 Supreme(Del) 735

ASHA MENON
SUNIL KUMAR CHATURVEDI (HUF) – Appellant
Versus
PIYUSH SAMA – Respondent


Advocates:
Advocate Appeared:
For the Plaintiffs : Mr. Chetan Lokur, Mr. Jaspal Singh.
For the Defendant : Ms. Sonali Chopra.

ORDER :

I.A. No. 4937/2021 (by the plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 CPC for ad-interim ex-parte injunction)

1. This application has been filed by the plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 CPC for ad-interim ex-parte injunction.

2. The plaintiff is a Hindu Undivided Family (HUF) suing through the ‘Karta’ Mr. Sunil Kumar Chaturvedi (henceforth referred to as the ‘Karta”) for declaration of title over the suit property, namely, Flat No. 76, C-2C, Pocket-2, Janakpuri, New Delhi, alongwith Barsati on the roof. The plaintiff claims to be the rightful owner in possession of the said property. Consequential reliefs of permanent and mandatory injunctions have been sought against the defendant No. 1 to restrain the defendant No. 1 from dispossessing the plaintiff from the suit property or alienating or creating any third-party rights over it.

3. The facts as set out are that the suit property had been originally leased by the Delhi Development Authority (‘DDA’) to one, Mr. Inder Pal Singh Pantle on 20th September, 1977. Subsequently, on 11th July, 1986, after receiving permission and approval from the DDA, he sold the property to one, Mr.

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