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april 2025

Delhi High Court · 2025-04-02

RAJEEV JAIN AND ANR vs GULSHAN KUMAR JAIN THROUGH LR

Citation / case number
CM(M)-3397/2024 2025:DHC:2300
Court
Delhi High Court
Petitioner
RAJEEV JAIN AND ANR
Respondent
GULSHAN KUMAR JAIN THROUGH LR
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Judgment text excerpt

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 wel