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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANMEET PRITAM SINGH ARORA
Romy Mehra – Appellant
Versus
Gautam Mehra – Respondent
JUDGMENT :
MANMEET PRITAM SINGH ARORA, J.
I.A. 546/2024, I.A. 6586/2024 and I.A No. 41474/2024
1. I.A. 546/2024 is an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [‘CPC’], initially filed by the plaintiffs with the suit seeking an ad interim injunction in favour of the plaintiffs, directing the defendants to vacate the property bearing House No. A-20, Ansal Villas, Satbari, Chhatarpur, New Delhi-110074 [‘suit property’] along with their belongings and restraining the defendant no. 2 from entering the suit property.
2. I.A. 6586/2024 is an application under Section 151 of CPC seeking direction to defendant no. 2 to immediately vacate the suit property and consequently decide I.A. 546/2024.
3. I.A. 41474/2024 is an application under Section 151 of CPC seeking early hearing of the captioned suit and I.A. 546/2024.
CASE SET UP BY THE PLAINTIFFS
4. Ms. Madhavi Diwan, learned senior counsel for the plaintiffs, has set up the plaintiffs’ case as under: -
4.1. The suit property is an exclusive and self-acquired property of the plaintiff no. 1, acquired vide registered sale deed dated 24.01.2005. The plaintiff no. 1 [aged 68 years] and plaintiff no. 2 [aged 70 ye
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A plaintiff seeking an interlocutory injunction must establish a strong prima facie case, balance of convenience, and risk of irreparable harm, which were not met in this instance.
No doubt the powers under Article 227 of the Constitution of India cannot be exercised as if the court is an Appellate Court. However, when the learned Trial Court overlooks significant facts and con....
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