SAROJ RANI vs SUMIT SALUJA & ORS.

Judgment text excerpt

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 15.12.2025 + FAO 329/2022 and CM APPL. 55417/2022 SAROJ RANI .....Appellant Through: Mr. Arun Baali and Ms. Arisha Ahmad, Advocates. versus SUMIT SALUJA & ORS. .....Respondents Through: Mr. Rachit Gupta and Mr. Kuldeep Kumar, Advocates. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT (ORAL) CHANDRASEKHARAN SUDHA, J. 1. This present appeal has been filed under Order XLIII Rule 1(r) of Code of Civil Procedure (the CPC) by defendant no.2 in Civil Suit No. 917/2021 on the file of ADJ-07, Tiz Hazari Courts, Delhi assailing the order dated 01.09.2022, whereby the application filed under Order XXXIX Rule 1 & 2 CPC by the plaintiffs was allowed and the defendants, their family members, and any other persons acting for and on their behalf have been Signature Not Verified Signed By:KOMAL FAO 329/2022 Page 1 DHAWAN Signing Date:18.12.2025 15:52:04 restrained from carrying out any illegal or unauthorized constructions and from creating any third party interest in the suit property till the final disposal of the related main suit. 2. Unless otherwise specifically stated, the parties hereinafter shall be referred to as they were described in the original proceedings. 3. In the plaint, it is alleged thus: The suit property (a building consisting of ground, first & second floor along with roof & land underneath on the plot bearing no.7, road no.23, in class D, measuring 278.19 sq. yds., situated in East Punjabi Bagh. Village Bassai Darapur, New Delhi-110026) was initially allotted to Late Sh. Saran Dass Vohra on 19.08.1958 by the Refugee Co-operative Housing Society Ltd. and subsequently conveyed to him by registered sale deed dated 26.02.1962. He transferred the property to Sh. Inder Jit Narula by registered