NEUTRAL CITATION No.2023:DHC:3054

I.A. 2104/2022 in CS(OS) 153/2007

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of order : 1^st May, 2023

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CS(OS) 153/2007

SMT. ASHA GUPTA

..... Plaintiff

Through:

Mr. Rajiv Talwar and Mr. Diwakar

Sinha, Advocates

versus

SHRI SANDEEP GUPTA AND OTHERS

..... Defendants

Through:

Mr. Rajat Sehgal, Advocate for D-

1, D-2 and D-3

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

CHANDRA DHARI SINGH, J (Oral)

I.A. 2104/2022 (Under Order XXXIX Rule 2A)

1.

The instant application under Order XXXIX Rule 2A read with

Section 151 of the Code of Civil Procedure, 1908 (hereinafter “CPC”) has

been filed on behalf of the defendants no. 1 and 2/applicants seeking the

following reliefs:

B. Pass an Order under Section 151 of the Civil Procedure

Digitally Signed By:SARIKA

BHAMOO VERMA

Signing Date:06.05.2023

12:53:09

Signature Not Verified

NEUTRAL CITATION No.2023:DHC:3054

I.A. 2104/2022 in CS(OS) 153/2007

Page 2 of 9

Property located at 22, Rajpur Road, Civil Lines Delhi –

Property located at 22, Rajpur Road, Civil Lines Delhi –

this Hon’ble Court.”

2.

The learned counsel appearing on behalf of the applicants

submitted that the captioned suit has been filed on behalf of the plaintiff

against the defendants seeking inter alia the cancellation of the registered

Sale Deed dated 12^th January 2006. In the said suit proceedings, the

Predecessor Bench of this Court granted an interim injunction restraining

the defendants from selling, encumbering, alienating and /or parting with

possession of the suit property vide the order dated 29^th January 2007.

3.

It is submitted that on 2^nd October 2013, during the pendency of the

suit and operation of the interim order, the defendant no. 2 visited the suit

Digitally Signed By:SARIKA

BHAMOO VERMA

Signing Date:06.05.2023

12:53:09

Signature Not Verified

NEUTRAL CITATION No.2023:DHC:3054

I.A. 2104/2022 in CS(OS) 153/2007

Page 3 of 9

property and found a Notice Board put up by the plaintiff and her Power

of Attorney holder on which they had written that the said suit property

belongs to the plaintiff, Ms. Asha Gupta (now deceased). It is submitted

that the letter was put up with the mala fide intention of selling, alienating

the suit property to the detriment of the applicants. Therefore, an interim

application bearing I.A. No. 16064/2013 under Order XXXIX Rule 2 of

the CPC was filed by and on behalf of the defendant no. 2 seeking inter

alia issuance of directions to the plaintiff to remove the aforementioned

Notice Board.

4.

It is submitted that during the course of the proceedings on 4^th

October 2013, the counsel appearing on behalf of the plaintiff made a

statement before the Predecessor Bench that Mr. Naresh Chopra is the

duly constituted Power of Attorney of the plaintiff, late Ms. Asha Gupta.

The counsel for the plaintiff also assured that the Notice Board put up on

the suit property would be removed. It is submitted that the Power of

Attorney holder is bound by the statement made before the Court and

hence, is also bound to obey the same.

5.

The learned counsel submitted that the alleged contemnor/Power of

Attorney holder of the deceased plaintiff wilfully, deliberately and

intentionally disobeyed the order dated 4^th October 2013 passed by the

Predecessor Bench of this Court. It is submitted that he has directed the

plaintiff‟s security guards to lock the main gate of the property, he visits

and occupies the suit property every day, and moreover, he has converted

a room in the suit property to his personal office as a property dealer.

6.

It is further submitted that the applicants apprehend that the Power

of Attorney holder is looking for prospective buyers and has entered into

Digitally Signed By:SARIKA

BHAMOO VERMA

Signing Date:06.05.2023

12:53:09

Signature Not Verified

NEUTRAL CITATION No.2023:DHC:3054

I.A. 2104/2022 in CS(OS) 153/2007

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