RIMA GULSHAN vs VISHAL SALUJA & ANR

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 21st April, 2025 + FAO 24/2018 & CM APPL. 1942/2018 RIMA GULSHAN .....Appellant Through: Ms. Zubeda Begum and Ms. Vanessa Singh, Advs. versus VISHAL SALUJA & ANR. .....Respondents Through: Mr. Kiran Singh, Adv. for R-1. Ms. Anupam Dhingra, Adv. for R-2 CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) 1. Having heard the learned counsels for the parties and on perusal of the record, this Court proceeds to decide the present appeal preferred by the appellant under Order XLIII(1)(r) Code of Civil Procedure, 1908 [“CPC”] for setting aside the impugned order dated 23.09.2017. Insofar as the application seeking contempt under Order XXXIX Rule 2A of the CPC has been dismissed against Mohinder Pal Singh, who was purportedly acting as an agent on behalf of the respondent No.1/defendant and allegedly aided & abetted in flouting the interim directions of this Court dated 06.11.2012. 2. In a nutshell the parties are siblings, the appellant being the sister of the two respondents. She has preferred “a suit for declaration and partition of the properties and consequential reliefs” against her two brothers in Signature Not Verified FAO 24/2018 Digitally Signed By:PRAMOD Page 1 of 5 KUMAR VATS Signing Date:22.04.2025 16:05:59 respect of certain properties left behind by their father, namely Mr. Ajit Singh. It appears that on the filing of the suit by the appellant against her two brothers/defendants/respondents, learned trial Court on an application under Order XXXIX Rules 1 & 2 of the CPC directed the parties to maintain the status quo with respect to the title and possession of the suit properties i.e. No. 21-D, 4th Floor, DDA MIG Flats, Sheikh Saria, Phase-I, New Delhi and No. G-3, New Delhi South