ORDER

% 18.01.2024 I.A. 11086/2023

1. The present application has been moved under Order XXXIX Rules 1 & 2 CPC with Section 151 CPC seeking following prayers;

i. Ex-parte and ad interim injunction against the Defendants and in favour of the Plaintiff by restraining the Defendants from alienating/disposing off/ transferring/ creating any kind of encumbrance/ third party rights on/ over any of the Suit Properties being:

a. Property bearing no. 16/14B, Tilak Nagar, New Delhi - 110018; b. 2 BHK apartment bearing Flat No. N - 45, 3rd Floor in Block N, Senior Citizen Home Complex Welfare Society (Regd.), Pocket-4, Kasna Road, Greater Noida, Distt. Gautam Budh Nagar, Uttar Pradesh; and c. Property bearing no. 8/13 B, Tilak Nagar, New Delhi - 110018. The Order is downloaded from the DHC Server on 28/02/2024 at 03:03:08 ii. Status quo in respect of/on/over all of the Suit Property as mentioned under Prayer A (above) of the present Application;

iii. Directing the Defendants to pay to the Plaintiff the arrears of the Plaintiffs share of rents, if any, as derived out of the Suit Property as mentioned in Prayer A above;

iv. Directing the Defendants to pay to the Plaintiff in a timely manner her share in monthly rent received from the Suit Properties, if any, as mentioned under Prayer A (above) during the pendency of the accompanying suit; and v. Any other Order(s) or reliefs), which this Hon‟ble Court may deem fit, just and proper in the facts and circumstances of the case may be kindly passed in favour of the Applicant/ Plaintiff and against the Defendants.

2. The plaintiff has sought an injunction order from alienating/disposing off/ transferring/ creating any kind of encumbrance/ third party rights on/ over any of the Suit Properties being:

a. Property bearing no. 16/14B, Tilak Nagar, New Delhi - 110018; b. 2 BHK apartment bearing Flat No. N - 45, 3rd Floor in Block N, Senior Citizen Home Complex Welfare Society (Regd.), Pocket-4, Kasna Road, Greater Noida, Distt. Gautam Budh Nagar, Uttar Pradesh; and c. Property bearing no. 8/13 B, Tilak Nagar, New Delhi - 110018.

3. Learned counsel for the defendant has been submitted that property 16/14B, Tilak Nagar, New Delhi – 110018 is a joint property and in the joint possession of Sh. Tejpal Suri and the defendants have only 50% share in said property. The case of the plaintiff is that she is also the part of such 50% of the said property.

4. Learned counsel for the defendant submits that the flat in Greater Noida is in possession of the plaintiff. However, the case of the defendants is that there was an oral family settlement though this property has gone to The Order is downloaded from the DHC Server on 28/02/2024 at 03:03:08 the share of the plaintiff and the property is at Zirakpur, Mohali, Punjab has come to the share of defendant No.2 but the plaintiff is falsely taking her claim over the Zirakpur property and other properties.

5. It has further been submitted that the property bearing no. 8/13 B, Tilak Nagar, New Delhi – 110018 is also in possession of the defendant No.1.

6. The parties are present in person and undertake that they will not create any third-party interest in respect of their shares in the aforementioned properties.

7. In view of the submissions made by the parties, the status quo as to the title of the properties concerned to the extent of the share of the parties be maintained till the disposal of the suit.With these observations, the application stands disposed of.

I.A. 11088/2023

8. The present application has been moved seeking an exemption of time from the deficit court fees if any.

9. Learned counsel submits that this is suit for partition and the plaintiff undertakes to pay the deficient Court fees, if required at the time of drawing of the final decree.

10. The exemption granted. 11. In view of the above, the present application stands disposed of. I.A. 11089/2023

12. The present application has been moved seeking condonation of a delay of 61 days