$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 904/2025, I.A. 31052/2025 & I.A. 31053/2025 HARBINDER SINGH LOOMBA & ANR. .....Plaintiffs Through: Ms. Chandrani Prasad, Mr. Anuj Jain and Ms. Ananya Deswal, Advocates.

versus MANVI RAJPOOT & ANR. .....Defendants Through:

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 11.12.2025 I.A. 31053/2025 (seeking exemption from filing original documents)

1. For the reasons stated, the plaintiffs are exempted from filing original documents at this stage.

2. In view of the aforesaid, the application stands disposed of.

CS(OS) 904/2025

3. Let the plaint be registered as a suit.

4. Issue summons to the defendants through all permissible modes.

5. The summons shall state that the written statement(s) shall be filed by the defendants within thirty (30) days from the date of the receipt of summons. Along with the written statement(s), the defendants shall also file affidavit of admission/denial of the documents of the plaintiffs, without which the written statement(s) shall not be taken on record.

6. Liberty is given to the plaintiffs to file replication, if any, within thirty (30) days from the receipt of the written statement(s). Along with the replication filed by the plaintiffs, affidavit of admission/denial of the documents of the defendants be filed by the plaintiffs.

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

8. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

9. List before the Joint Registrar on 12^th February, 2026.

10. List before the Court on 9^th April, 2026.

I.A.31052/2025 (u/O XXXIX Rules 1 and 2 of CPC, 1908)

11. The present suit has been filed seeking relief of permanent and mandatory injunction against the defendant no.1 from entering the property bearing No. S-284, Ground Floor, Greater Kailash Part-I, New Delhi- 110048 (hereinafter ‘suit property’). The suit property exclusively belongs to the plaintiff no.1.

12. The plaintiff no.1 is 74 years of age and is suffering from chronic ailments, including heart disease. The plaintiff no.2 is the wife of plaintiff no.1 and aged 72 years. Both the plaintiffs are leading retired life.

13. The defendant no.2 is the son of the plaintiffs and the defendant no.1 is his wife. Both the defendants are permanent residents of Canada and have been living in Canada since June 2023. The defendant no.1 has not stayed in the suit property after June 2023 when she left for Canada. The defendant no.1 has never visited the house of the plaintiffs, even though she came to India from Canada to visit her parents.

14. It is stated that the defendant no.2 is not on good terms with the defendant no.1.

15. The plaintiffs have filed police complaints dated 29^th October 2025 and 30^th October 2025 against the defendant no.1.

16. On 31^st October, 2025, the defendant no.1 tried to forcibly enter the plaintiffs’ house along with her family members.

17. It is the plaintiffs’ case that the defendant no.1 has threatened to disturb the peaceful possession of the plaintiffs at suit property and implicate them in false cases. It is the plaintiffs’ apprehension that the defendant no.1 is trying to forcibly enter the suit property and interfere with the possession of the plaintiffs in the suit property.

18. None appears on behalf of the defendants despite advance service.

19. Issue Notice to the defendants through all permissible modes.

20. Reply(ies) be filed within four (4) weeks.

21. Rejoinder(s) thereto, if any, be filed within two (2) weeks thereafter.

22. Based on the aforesaid narration of facts, a prima facie case has been made out. Balance of convenience lies in the favour of the plaintiffs.

23. Consequently, till the next date of hearing, the defendant no.1, her family members/associates are restrained from entering the aforesaid suit property belonging to the plaintiffs.

24. Compliance under Order XXXIX Rule 3 of the Code of Civil Pro