Neutral Citation Number : 2022/DHC/004473

* IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment delivered on: 27^th October 2022

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CM(M) 474/2021 & CM. APPLS. 22022-23/2021, 35560/2021

Rameshwari Devi & Anr.

... Petitioner

versus

Master Yash Tyagi & Ors.

..... Respondents

AND

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FAO 114/2021 & CM. APPLS. 10493-94/2021

Rameshwari Devi & Anr.

..... Appellant

versus

Master Yash Tyagi & Ors.

....Respondents

Advocates who appeared in this case:

For the Appellant/

Petitioner : Ms. Smita Maan, Mr. Vishal Maan and Mr. Akash

Sehrawat, Advocates.

For the Respondents: Mr. Rishabh Kumar, Advocate for Respondents 1 to 3.

Mr. Rajat Sehgal, Advocate for Respondent No. 4.

Mr. V. Anirudh Yadav and Mr. Keshav Sharma, Advocates

for intervenor Naveen Kumar

CORAM:-

HON’BLE MR. JUSTICE SANJEEV SACHDEVA

JUDGMENT

SANJEEV SACHDEVA, J.

1.

The Petitioners in CM(M) 474/2021 and Appellants in FAO

114/2021 (Defendants 1 and 2 in the Suit) are aggrieved by order

Digital Signed By:KUNAL

MAGGU

Signing Date:28.10.2022 13:03:33

This file is digitally signed by PS

to HMJ Sanjeev Sachdeva.

Signature Not Verified

Neutral Citation Number : 2022/DHC/004473

dated 22.02.2021 (impugned in FAO 114/2021) whereby the

application filed by Respondents 1 to 3 (Plaintiffs in the Suit) under

Order 39 Rule 1 & 2 Code of Civil Procedure (hereinafter referred to

as the CPC) has been allowed and the Appellants have been restrained

from creating any third party right and interest in the suit property and

status quo qua the possession of the Respondents 1 to 3 has been

directed to be maintained.

2.

Appellants are also aggrieved by order dated 19.07.2021

(impugned in CM(M) 474/2021) whereby the application filed by the

Appellants under Section 151 CPC for restitution of possession has

been disposed of and the trial court has held that the property is

deemed to be in the custody of the court.

3.

Appellants (Defendants 1 and 2 in the Suit) are the wife and son

of Late Shri Subhash Tyagi. Subhash Tyagi was the brother of Shri

Ravinder Tyagi, the Respondent No. 4 (Defendant No. 3).

Respondents no. 1 to 3 (Plaintiffs in the Suit) are the children and wife

respectively of Respondent No. 4 – Ravinder Tyagi.

4.

On 04.01.2021, Respondents 1 to 3 (Children and wife of

Ravinder Tyagi) filed the subject Suit seeking a decree of declaration

for declaring the registered gift deed dated 14.08.2014 (registered on

16.08.2014) as null and void. They also seek a decree of partition of

the suit property; decree of recovery of possession against the

Digital Signed By:KUNAL

MAGGU

Signing Date:28.10.2022 13:03:33

This file is digitally signed by PS

to HMJ Sanjeev Sachdeva.

Signature Not Verified

Neutral Citation Number : 2022/DHC/004473

Appellants herein and a decree of permanent injunction thereby

restraining the Appellants from alienating, transferring and creating

any third-party interest over the suit property. Further, relief of

mandatory injunction is also sought thereby directing the Appellants

to restore the physical possession of the Suit property to them till

disposal of the Suit.

5.

By order dated 22.02.2021, (impugned in FAO 114/2021), the

Trial Court has allowed the application filed by Respondents 1 to 3

under Order 39 Rule 1 & 2 CPC holding that a prima facie case is

made out in their favour that they are in possession and if during the

trial the nature of property is changed it would involve multiplicity of

litigation and irreparable loss and injury would be caused to them. The

Trial Court has further held that as they are in possession it would be

in the interest of the Defendants that no third party right or interest is

created and status quo with respect to possession of the Plaintiffs be

maintained.

6.

The contention of the Appellants is that the Plaintiffs were

admittedly never in possession of the Suit Property and it was the

Appellant