DELHI HIGH COURT
PRATHIBA M.SINGH
Ramesh Arya – Appellant
Versus
Pavan Arya – Respondent
| Table of Content |
|---|
| 1. background of the property dispute (Para 3 , 4) |
| 2. nature of current suit and injunction requests (Para 5 , 6) |
| 3. court's reasoning on injunction validity (Para 7 , 10 , 12) |
| 4. considerations for trial court's adjudication (Para 8 , 9 , 11 , 13) |
| 5. final order and directions (Para 14 , 15) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.
CM APPL. 46581/2021 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
CRP 101/2021 & CM APPLs. 46582/2021 & 46583/2021
3. The present petition challenges the impugned order dated 30th November, 2021 in CS No.807/17 titled Pavan Arya v. Ramesh Arya. Vide said order, the application under Order VII Rule 11 CPC, filed by the Defendant/Petitioner (hereinafter "Petitioner"), was dismissed. This litigation is between two brothers, Pavan Arya and Ramesh Arya, and the suit herein was instituted by the Plaintiff/Respondent (hereinafter "Respondent") in 2017 concerning the same property bearing No.A-135, Priyadarshini Vihar, New Delhi (hereinafter "suit property").
4. Between the memb
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