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2022 Supreme(Del) 1088

C. HARI SHANKAR
Anil Kumar Seth – Appellant
Versus
Lalit Kumar Seth And Another – Respondent


Advocates appeared:
Mr. Jain Sahai Endlaw with Mr. Ashish Kumar, Advocates, for the Appellant.

JUDGMENT

1. The impugned order, dated 4th April, 2022, passed by the learned Additional District Judge-01 ('the learned ADJ') has issued summons on CS 234/2022 and notice in the application filed in the said suit under Order XXXIX Rules 1 and 2 of the Code of Civil Procedures, 1908 (CPC), returnable on 19th July, 2022.

2. The petitioners are the plaintiffs, and the respondent is the defendant, in the said suit. The petitioners are aggrieved by the fact that the learned ADJ did not grant ex-parte ad interim injunction, as sought by the petitioner.

3. The suit relates to a property situated at H-17, Maharani Bagh, New Delhi. The plaintiffs are in possession of the first and second floors, whereas the defendant is in possession of a part of the ground floor of the suit property, comprising two bedrooms.

4. According to the averments in the plaint filed by the petitioners, the respondent had filed Suit 688/1969, before the learned Senior SubJudge, Delhi, against the petitioners and his parents, Salig Ram Seth and Bhagwati Devi Seth. In the said suit, the respondent contended that the suit property, though the self-acquired property of Salig Ram Seth, had been constructed out of joint famil

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