JUDGEMENT

JYOTI SINGH, J.

I.A. 22292/2025 (u/O XXXIX Rules 1 and 2 r/w Section 151 CPC)

1. This judgment will dispose of an application filed by the Plaintiffs under Order XXXIX Rules 1 and 2 read with Section 151 CPC for grant of interim injunction.

2. Plaintiff No.1/Ms. Samaira Kapur (‘Samaira’) is the daughter of Late Shri Sunjay Kapur (‘Sunjay’) and Plaintiff No.2/Master Kiaan Raj Kapur (‘Kiaan’) is the minor son. Both Plaintiffs are born out of wedlock between Sunjay and Ms. Karisma Kapoor (‘Karisma’), which marriage was dissolved by mutual consent in the year 2016. It is stated in the plaint that mother of the Plaintiffs has no interest adverse to the Plaintiffs. Defendant No.1/Ms. Priya Kapur (‘Priya’) married Sunjay after dissolution of his marriage with Karisma and Defendant No.2/Master Azarias S. Kapur (‘Azarias’) is the minor son born out of the said wedlock and is impleaded through Priya, his next friend and natural guardian. Defendant No.3/Ms. Rani S. Kapur (‘Rani’) is the mother of Sunjay and Defendant No.4/Shradha Suri Marwah (‘Shradha’) is the executor of the alleged Will dated 21.03.2025, propounded by Priya.

3. The case set out on behalf of Samaira and Kiaan in the plaint is that Sunjay is the son of Late Dr. Surinder Kapur (‘Surinder’) and Rani and has two sisters. Karisma and Sunjay got married on 29.09.2003 and Samaira and Kiaan were born from the said wedlock. Sunjay married Priya on 13.04.2017 and they were blessed with a son, namely, Azarias. Even after the divorce, Sunjay continued to have very good relations with Karisma and the children and both were co-parenting. Samaira and Kiaan were always in touch with Sunjay and travelled on holidays, celebrated festivals together and spoke to each other regularly on video and audio calls and were also connected as part of many WhatsApp groups. When they visited Delhi, Samaira and Kiaan often stayed with Sunjay at his Rajokri House, where they had designated rooms for themselves and this is a matter of common knowledge. Most festivals like Diwali as also weekends were spent by the children at Delhi, which is fortified by photographs, WhatsApp chats and videos. Sunjay often travelled to Mumbai and stayed with them at their residence and after Samaira went to the University in USA, Sunjay visited her in Boston and many times Samaira travelled to New York to meet her father.

4. It is stated in the plaint that Sunjay, Samaira and Kiaan also went together on many holiday trips, both in India and abroad, such as the trip to England in June-July, 2022; New York in July, 2022; Thailand in December-January, 2023; Spain in July-August, 2024; New York in November-December, 2024; and South Africa in December, 2024. On these trips, the entire family, including Karisma was together and Rani also accompanied them for holiday in Thailand. Sunjay also took Kiaan separately for holidays on many occasions, especially to England, where father and son shared special moments. In fact, just prior to Sunjay’s untimely demise, Kiaan and Sunjay were in Goa for a holiday from 15.03.2025 to 17.03.2025. Prior thereto, in 2023, Kiaan visited Doon School, Dehradun, from where Sunjay had done his schooling and thereafter both proceeded for a holiday to Rishikesh. In July, 2024, Sunjay took Kiaan to see some parcels of land in United Kingdom, which he was proposing to buy. Both Samaira and Kiaan were always a part of most of the important events in Sunjay’s life which included his 50th birthday in 2021; NSE and BSE listings in Mumbai for M/s Sona BLW Precision Forging Limited (‘Sona Comstar’); and celebration of completion of 25 years of Sona Comstar.

5. It is stated that Sunjay and Karisma were equally and fully involved in the day-to-day affairs and needs of Samaira and Kiaan related to their education, hobbies, courses and travel etc. Sunjay was constantly guiding the children about educational courses, possible career prospects and passions they could pursue and often discussed his busines