AMIT JAIN & ORS. vs ANILA JAIN & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Reserve: 25th April, 2025 Date of decision: 04th July, 2025 + CS(OS) 82/2025 & I.A. 3481/2025 AMIT JAIN & ORS. .....Plaintiffs Through: Mr. Kunal Tandon, Sr. Advocate with Mr. Amandeep Singh, Ms. Natasha and Mr. Pawan Kant Singh, Advocates versus ANILA JAIN & ORS. .....Defendants Through: Mr. O. P. Aggarwal, Advocate for D- 1 to D-3 % CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMEET PRITAM SINGH ARORA, J (ORAL): 1. The present suit has been filed by the Plaintiffs seeking the following reliefs: (i) declaration of joint title/ownership for the Plot No. 56, Block No. Y, Okhla Industrial Area, admeasuring 907.5 Sq. Yards, Delhi –110020 (‘suit property’) in their favour and against the Defendants; (ii) permanent injunction against the Defendants from asserting any rights in the suit property, from interfering with the peaceful possession of the Plaintiffs and from illegally dispossessing the Plaintiffs. 2. The Plaintiffs and Defendants are family members being descendants of common ancestor i.e., Late Sh. Mandir Das Jain, who had five (5) sons Signature Not Verified Signed CS(OS) 82/2025 Page 1 of 23 By:MAMTA RANI and four (4) daughters. Late Sh. Jinender Kumar Jain was the husband of Defendant No.1 and father of Defendant Nos. 2 and 3. Late Sh. Vinod Kumar Jain was the husband of Plaintiff No.2 and father of Plaintiff Nos. 3 to 5. Late Sh. Ajay Jain was father of Plaintiff No.1 and Defendant No.4., he was married to Late Smt. Promila Jain. 3. Before the filing of the present suit Sh. Jinender Kumar Jain passed away on 15.05.2021, Sh. Vinod Kumar Jain passed away on 01.10.1987, Sh. Ajay Jain passed away on 15.11.2020 and Smt. Promila Jain passed away on 23.03.2010. 4. This Court considered it fit to