RAJIV JAIN vs ANJU GUPTA & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 18.08.2025 Judgment pronounced on: 27.08.2025 + FAO(OS) 90/2025, CM APPL. 50289/2025 & CM APPL. 50290/2025 RAJIV JAIN .....Appellant Through: Mr. A.K. Singla, Sr. Adv. with Mr. Akshay Bhandari & Ms. Shriya Gilhotra, Advs. versus ANJU GUPTA & ORS. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The present Appeal assails the correctness of Order dated 30.07.2025 [hereinafter referred to as “Impugned Order”] passed by the learned Single Judge in CS(OS) 848/2024, whereby the application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure [hereinafter referred to as “CPC”] filed by the Appellant/Plaintiff and the application under Order XXXIX Rule 4 of the CPC filed by Respondents/Defendant Nos.1 to 3 were disposed of by varying the ex-parte ad-interim injunction dated 23.10.2024. Signature Not Verified FAO (OS) 90/2025 Page 1 of 6 Signed By:JAI NARAYAN Signing Date:27.08.2025 17:16:58 2. Vide the Impugned Order, Respondent Nos.1 to 3 have been permitted to raise construction on the property bearing No. 15-A, Sanjay Nagar, Gulabi Bagh, New Delhi-110007 [hereinafter referred to as the “suit property”]. This permission is subject to the express stipulations that: i. no third-party rights shall be created; ii. construction shall be entirely at their own risk; and iii. no equity shall be claimed on that basis. 3. This partially modifies the earlier order which had restrained all construction activity. FACTUAL MATRIX: 4. The Appellant claims rights in the suit property on the basis of a sale deed dated 21.06.2023, stated to have been executed by Respondent No.5 in his favour. Respondent Nos.1 to