The court established that a prima-facie case for partition and an interim order is warranted to prevent irreparable harm to the plaintiff's interests in the properties.

% 22.04.2024 I.A. 8711/2024 (for exemption) The application for exemption is allowed, subject to the plaintiff granting inspection of the documents filed, as and when required to do so, or filing the original documents at the stage of admission/denial.

The application stands disposed of.

CS(OS) 305/2024

1. The plaint be registered as a suit. Issue summons to the defendants by all permissible modes on filing of process fee. Dasti service in addition is permitted. Affidavit of service be filed within one week.

2. The summons shall indicate that written statements must be filed within thirty days from the date of receipt of summons. The defendants shall also file affidavits of admission/denial of the documents filed by the plaintiff, failing which the written statements shall not be taken on record.

The Order is downloaded from the DHC Server on 22/04/2024 at 21:39:47

CS(OS) 305/2024

3. The plaintiff is at liberty to file replications thereto within thirty days after filing of the written statements. The replications shall be accompanied by affidavits of admission/denial in respect of the documents filed by the defendants, failing which the replications shall not be taken on record.

4. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.

5. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.

6. List before the learned Joint Registrar for completion of service and pleadings, marking of exhibits and admission/denial of documents on 26.07.2024.

7. List before the Court on 08.07.2024. I.A. 8710/2024 (under Order XXXIX Rule 1 and 2 of CPC)

1. Issue notice. Notice may be served upon the defendants by all permissible modes. Dasti service, in addition, is permitted. Affidavit of service be filed within one week.

2. This is a suit for partition of eleven immovable properties mentioned in Prayer (a) and (c) of the plaint. The defendants are the plaintiff’s brother, sister-in-law and wife.

3. The contention of the plaintiff is that ten of the suit properties were purchased in the names of the plaintiff and his brother, i.e., defendant No.1. Out of the ten properties, the title deeds of 3 properties mentioned at Sr. Nos. 2, 5, and 10 in Prayer (a) have been included in the plaintiff’s list of documents and bear out this position. It is stated in paragraph 8 of the plaint that the title deeds relating to the other properties are in the The Order is downloaded from the DHC Server on 22/04/2024 at 21:39:47

CS(OS) 305/2024 possession of defendant No.1, whereas one property is mortgaged with Punjab National Bank and the original title deeds have been deposited.

4. The 11th property [Sr. No. 1 in Prayer (c)] is stated to be a joint property of all the four parties to the suit. The title deed of this property, which is in the name of all the four parties, has been included in the plaintiff’s list of documents.

5. The plaintiff has also addressed a legal notice dated 25.01.2024 to defendant No.1 seeking partition of the aforesaid properties. It is stated that the legal notice failed to elicit a response.

6. In these circumstances, learned counsel for the plaintiff seeks an ad-interim order of status-quo as to title and possession of the suit properties.

7. Having regard to the aforesaid contents of the plaint and the documents placed on record with regard to five of the properties, I am of the view that the plaintiff has made out a prima-facie case for grant of an ad-interim order of injunction. The balance of convenience is also in favour of an interim order of status quo being passed. I am satisfied that the plaintiff will suffer irreparable loss and injury if third party interests are created in the suit properties at this stage.

8. For the aforesaid reasons, the parties are directed to maintain status-quo with regard to title and possession of the suit properties [mentioned in Prayers (a)