RAJEEV JAIN AND ANR vs GULSHAN KUMAR JAIN THROUGH LR

Judgment text excerpt

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 2ndApril, 2025 + CM(M) 3397/2024 RAJEEV JAIN AND ANR .....Petitioner Through: Mr. Vishvanath Kumar with Mr. T. Kanniappan, Advocates. versus GULSHAN KUMAR JAIN THROUGH LR .....Respondent Through: Mr. Ravi Dev Sharma, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM(M) 3397/2024& CM APPL. 19251/2025 1. Petitioners are defending a civil suit which had been filed by their father Mr. Gulshan Kumar Jain (since deceased). 2. Admittedly, the petitioners herein have also filed a suit for partition and both such suits are pending before one and the same Court and the matters are now fixed for final arguments on 04.04.2025. 3. As far as the Civil Suit No. 204/2024 filed by Mr. Gulshan Kumar Jain (since deceased) is concerned, the learned Trial Court while considering an application moved under Order XXXIX Rule 10 read with Order XV A CPC directed the defendants therein to deposit occupational charges @ Rs. 16,500/- per month w.e.f. January, 2024 till conclusion of trial. 4. Their limited grievance is that no such direction could have been made as they have also sought partition of the property in question as well and have substantive right in such property. 5. Such order is dated 24.07.2024. 6. When the present petition was taken up by this Court on 13.09.2024, Signature Not Verified Digitally Signed CM(M) 3397/2024 1 By:SONIA THAPLIYAL Signing Date:03.04.2025 18:50:50 this Court had, merely, directed that the impugned order, insofar as it related to direction regarding deposit of occupational charges, shall remain in abeyance. 7. Petitioners have now moved the present application seeking early hearing for the reason that the cases are fixed for final arguments and if the stay is not grant