MATA SHANTI DEVI MANDIR TRUST vs SEEMA GUPTA

Judgment text excerpt

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 01.12.2025 + FAO 338/2025 MATA SHANTI DEVI MANDIR TRUST .....Appellant Through: Mr. Vibhor Gupta, Mr. Akshay Dalal, and Ms. Ritu Bhardwaj, Advocates Versus SEEMA GUPTA .....Respondent Through: Mr. Sanjay Gupta, Advocate CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT (ORAL) CHANDRASEKHARAN SUDHA, J. CM APPL 75436/2025 (Exemption) Allowed, subject to all just exceptions. The application stands disposed of. FAO 338/2025 1. This appeal is against the order dated 24.11.2025, by which the application under Order XXXIX Rule 1 of the Civil Procedure Code, 1908 (the CPC), filed by the appellant/plaintiff Signature Not Verified Signed By:KOMAL FAO 338/2025 Page 1 DHAWAN Signing Date:03.12.2025 12:33:09 before the DJ-04/North-West Rohini Courts, Delhi, in CS.DJ. 906/2025 was dismissed. 2. The appellant/plaintiff filed a suit against the respondent/defendant for declaration, cancellation and injunction. As per the plaint, the schedule property is an established Ashram, and a temple has been operating in the same for more than half a decade. It is asserted to be a public charitable and religious trust that requires to be preserved. The respondent/defendant was engaged in a strictly fiduciary capacity as a caretaker and has no authority to alienate, transfer or claim ownership of the subject property. However, it is seen that unauthorized constructions and demolitions are taking place by the respondent/defendant in the plaint schedule property, which needs to be restrained by an order of interim injunction. Hence, the appellant/plaintiff moved the application under Order XXXIX Rule 1 of the CPC for restraining the respondent and her agents, or anyone acting on their behalf, from commencing, continuing or co