MATA AMRITANANDAMAYI MATH & ANR. vs ANIL KUMAR JAIN & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 27.08.2025 Judgment pronounced on: 08.09.2025 + FAO(OS) 63/2025 and CM APPL. 32149/2025 MATA AMRITANANDAMAYI MATH & ANR. .....Appellants Through: Mr. Rajesh Yadav, Sr. Adv. with Mr. Ashok Malik, Mr. Chandresh Pratap, Ms. Swati Mishra, Mr. Vishnu S. Pillai, Mr. Om Prakash, Advs. versus ANIL KUMAR JAIN & ORS. .....Respondents Through: Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Ankur Jain Adv. for R-1 CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through this Appeal, filed under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 [hereinafter referred to as „CPC‟] read with Section 10 of the Delhi High Court Act, 1966, the Appellants [Plaintiffs in CS(OS) 339/2022 and Defendants in CS(OS) 340/2022 and CS(OS) 793/2022] assail the correctness of the Order dated 20.05.2025 [hereinafter referred to as „Impugned Order‟], passed by the learned Single Judge while issuing ad interim mandatory injunction, directed the Appellant No.1 to demolish the boundary wall and vacate 92 sq. yds. portion of the land forming part of plot no.D-1, Signature Not Verified FAO(OS) 63/2025 Page 1 of 11 Signed By:JAI NARAYAN Signing Date:09.09.2025 11:47:32 Khasra No. 17/2/2 situated in Mehrauli, Delhi. 2. Smt. Gayatri Devi [hereinafter referred to as „Smt. Gayatri‟] is stated to be the owner of 1 bigha land measuring 1008 sq. yds. Out of this 1008 sq. yds., she sold a 200 sq. yds plot to Smt. Zohra Fatima [hereinafter referred to as „Smt. Zohra‟]. Thereafter, she sold another plot measuring 200 sq. yds. to one Sh. M.B. Pandey in the year 1994. Both sales were executed by a set of documents, including General Power of Attorney, Will, Agreement to Sell, A