The plaintiffs must establish a prima facie case, balance of convenience, and possibility of irreparable injury to warrant interim relief.

JUDGMENT

asha Menon, J. - I.a. 14364/2021 (of plaintiffs u/O XXXIX R-1&2 CPC for ex-parte ad-interim injunction)

1. This order will dispose of the application filed by the plaintiffs alongwith this suit for possession, permanent injunction and declaratory reliefs with respect to property measuring 1000 sq. yards out of Khasra No.25, Khatha No.18, situated in the aabadi of Village Pochanpur, Extended Lal Dora, New Delhi-110075 (hereinafter referred to as the 'suit property').

2. The suit has been filed by the plaintiffs namely Mr. Kuljeet Singh, his mother Ms. Paramjeet Kaur and his brother Mr. Japjeet Singh against four private defendants, defendant No.5 BSES Rajdhani Power Limited, defendant No.6 South Delhi Municipal Corporation, Najafgarh Zone and the defendant No.7 Station House Officer, Police Station-Sector-23, Dwarka, New Delhi. It may be noted that vide order dated 7th December, 2021, on the statement of Mr. Vinay Sharma, learned counsel for the plaintiffs, the defendant No.7 Station House Officer, Police Station-Sector-23, Dwarka, New Delhi has been deleted from the array of the parties.

3. The case as set out by the plaintiffs is that the suit property had originally belonged to Smt. Champa Bhasin when she had purchased the same on 9th December, 1986 from the original Zamindars. It is claimed that the father of the plaintiffs No.1 & 3 and the husband of the plaintiff No.2, S. Gurnaam Singh, had purchased the suit property from Smt. Champa Bhasin on 8th September, 1998. It is claimed that since then he was enjoying the peaceful possession of the suit property. after S. Gurnaam Singh expired on 31st March, 2021 and after the ensuing lockdown on account of the pandemic, which was lifted in august, 2021, the plaintiff No.1 visited the suit property and came to know that the defendants No.1 to 4 were in possession of the suit property which according to him was completely illegal.

4. It was in these circumstances that notices were issued to the persons found in occupation but since they did not choose to vacate the suit property, the suit has been filed. By way of the instant application, the following prayers have been sought:

'a. To pass an ex-parte ad-interim injunction in favor of the plaintiffs and against the defendants, their agents, servants, employees, assignees, representatives etc. refraining them from raising illegal construction, selling, renting, transferring, alienating, changing the structure or creating any third-party interest in any manner whatsoever in respect of the suit property measuring 1000 Sq. yards out of Khasra bearing No.25, Khatha No.18, situated in aabaadi of village Pochanpur, in extended laal dora, Dwarka, New Delhi-110075, till the final disposal of the accompanying suit in interest of justice.

b. To pass any or such other order(s) in favor of the plaintiff and against the defendants, which this Hon'ble Court deems fit and proper in the facts and circumstances of the case and in interest of justice.'

5. Mr. Yashpal Singh, the learned counsel for the plaintiffs has submitted that the plaintiffs were the rightful owners of 1000 Sq. yards in Khasra No.25, Khatha No.18, situated in aabadi of Village Pochanpur, in Extended Lal Dora, Dwarka, New Delhi vide the registered General Power of attorney/agreement to Sell dated 8th September, 1998 bearing Registration No.53289 which was executed by Smt. Champa Bhasin in favour of late S. Gurnaam Singh for a total consideration of Rs.75,000/-. It was submitted that if the rights of the plaintiffs were not protected during the pendency of the suit, the defendants no.1 to 4 would create further third party interests in the suit property which would ultimately lead to great prejudice to the plaintiffs and prolonged litigation. It was submitted that the Municipal Corporation of Delhi took no action when the plaintiff No.1 had reported unauthorized construction going on in the suit land. as a result of such inaction, the construction was completed. The learned coun